Vitthal Kondaji Gajare v. Shri. Kiran Dilip Shinde And ORS

904 wp13004-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13004 OF 2018 Vitthal Kondaji Gajare .. Petitioner V/s.

Kiran Dilip Shinde and Ors.

.. Respondents Mr.S.M.Sabrad for the petitioner Mr.Girish R. Agrawal for the respondent no.1

CORAM:

K.K. TATED, J DATED :

NOVEMBER 29, 2018 P.C. :

Heard.

After arguing for some time, both the counsel filed minutes of order dated 29.11.2018. Same is taken on record and marked 'X' for identification which reads thus:

" MINUTES OF ORDER 1.

By consent of both the parties the impugned order dated 14.09.2018 below Application at Exhibit-48 passed by the Ld. Civil Judge Junior Division, Niphad in R.C.S No. 42 of 2017 is quashed and set aside. 2.

The Respondents/Defendants would be at liberty to file Application under Order 26 Rule 9 of the Civil Procedure Code after cross examining the T.I.L.R. If Mohite 1/2

904 wp13004-18.doc such application is filed at that stage, it would be decided on its own merits and in accordance with law."

Writ Petition stands disposed of in terms of minutes of order. No order as to costs.

(K.K. TATED, J.) Mohite 2/2