Lakhu Vajya Karbat v. Rameshchandra Chhagan Kadu And ANR.

1 6.2737.15 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2737 OF 2015 Lakhu Vajya Karbat .....Petitioner V/s.

Rameshchandra Chhagan Kadu and another ....Respondents Mr. Sanjeev P. Kadam for the petitioner.

Mr. Satyajeet Joshi a/w Ms. Rupali L. D. for respondent no. 1. Mr. J. A. Madane AGP for the State.

CORAM : NITIN W. SAMBRE, J.

DATE :

27th JUNE, 2018.

P.C.

Pursuant to the joint request made by the learned counsel for the respective parties, petition can be disposed of with following observations:

(i) Both parties agree to appear before Executing Court on 16/07/2018 with a joint prayer for carrying out joint measurement of the property details of which can be drawn from a Decree passed by the Court below.

2 6.2737.15 wp.doc (ii) Both parties agree that they shall bear equal expenses towards measurement.

(iii) Based on the aforesaid request which is agreed and undertaken to be made by the parties to the present petition i.e. Judgment Debtor and Decree Holder, the learned Executing Court shall pass a formal order of joint measurement based on the map reflected in the Decree under Execution.

(iv) Parties agree that they shall abide by the final outcome of the measurement report to be submitted pursuant to the aforesaid order.

(v) Independent notices to the parties are dispensed with in view of the agreement reached and they having agreed about appearance before the Court below.

Parties to act on authenticated copy of this order. [NITIN W. SAMBRE, J.]