Prakash M. Bagad v. Pushpa M. Worlikar And ORS.

58 wp 11696-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION NO. 11696 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioner.

Mr. Ramesh Gawade i/b Sachin Gelye for the Respondent Nos. 1 to 6.

CORAM : K. K. TATED, J.

DATED : 02/05/2016 P.C.:

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None for the petitioner. Mr. Gawade for the Respondent nos. 1 to 6.

The learned Counsel for the respondents plaintiffs submits that by this Writ Petition under Article 227 of Constitution of India, the petitioner defendant challenges the concurrent findings of fact recorded by both the Courts below. He submits that the Trial Court decreed the suit on 28.02.2013 directing defendants to handover the vacant and peaceful possession of the suit premises namely room situated at ground floor of house No.27, Worli Koliwada, Worli, Mumbai - 400 025 to the plaintiff. He submits that the said decree challenged by the defendants before the Appellate Bench of Small Sneha Chavan 1/2

58 wp 11696-14=.doc Causes Court by way of Appeal No. 39 of 2014. He submits that Appeal also dismissed by the Appellate Court by order dated 31.07.2014.

The learned Counsel for the respondent plaintiffs submits that in Execution Application no. 442 of 2014, the plaintiffs received possession of the suit premises on 20.04.2015. Hence, nothing survives in the present petition.

The learned Counsel for the respondents placed on record photocopy of bailiff report. Same is taken on record and marked 'X' for identification. As no one appeared on behalf petitioner, Writ Petition stands dismissed for default.

(K.K.TATED, J.) Sneha Chavan 2/2