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Bombay High CourtAO/1072/2014disposed off

Mr. Rajaram Ganpat Mujumale And ORS v. Mr. Tanaji Sahadu Mujumale And ORS

2015-08-10Hon'Ble Shri Justice K.K. Tated2 pages

1072.14-ao FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

APPEAL FROM ORDER NO.1072/2014 WITH CIVIL APPLICATION NO.1296/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. S. Apte, Senior Advocate i/b. Mr. Ketan Dhavale and Aparna A. Dhavle for the Applicant Mr. Chetan G. Patil for Respondent Nos.24 to 27 Mr. Sagar Ambedkar for Respondent Nos.6 to 23. CORAM : K. K. TATED, J.

DATE : AUGUST 10, 2015 P.C.:

1.

Heard. The learned counsel for the Respondent Nos.24 to 27 filed affidavit-cumundertaking dated 14/07/2015 stating that till hearing and final disposal of the Special Civil Suit No. 1601/2012, they will not create any third party right, title and interest in respect of the suit property purchased by them vide sale deed dated 27/01/2012. The affidavit-cum-undertaking is accepted. Same is taken on record and marked "X" for identification.

2.

In view thereof, the learned senior counsel for the Appellant seeks liberty to withdraw the Basavraj G Patil 1/2

1072.14-ao Appeal from Order. Hence, following order is passed:

a.

The Appeal from Order as well as the Civil Application stand disposed of as withdrawn.

b.

The affidavit-cum-undertaking dated 14/07/2015 given by Respondent Nos.24 to 27 is taken on record and accepted.

c.

Considering the facts and circumstances of the case, hearing of the Special Civil Suit No. 1601/2012 is expedited.

d.

It is made clear that Respondent Nos.24 to 27 will not claim any equity in view of present order.

JUDGE Basavraj G Patil 2/2