Kunal Vilas Kabadi And ORS v. Pashmin Kunal Kabadi Nee Pashmin Sukhadav Kinalekar And ANR

rsk 62-REVN-45-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO.45 OF 2024 Kunal Vilas Kabadi and Ors.

...Applicants

Versus

Pashmin Kunal Kabadi Nee Pashmin Sukhadav Kinalekar and Anr.

...Respondents

Mr. Virendra V. Pethe for the Applicants.

Shine Mohammed a/w. Ms. Drishti Singh and Ms. Poornima Eapen i/b MZM Legal LLP for Respondent No.1.

Ms. M. R. Tidke, APP for the Respondent-State. CORAM : SHARMILA U. DESHMUKH, J.

DATE : 21st FEBRUARY, 2024 P. C. :

1.

Learned counsel for the parties has arrived at a consensus that the interim order dated 10th March 2023 be quashed and set aside and that the order of this Court dated 9th November 2023 read with 21st December 2023 restraining the applicants from alienating, dispossessing, encumbering or creating third party rights in the premises being Flat No.901, Building No.4, Wimbledon Park, Opp. J. K. Gram School, Pokharan No.1, Thane, 400 602 be confirmed as interim order till the adjudication and final disposal of the Complaint being CC No.195/DV/2016.

rsk 62-REVN-45-24.doc 2.

In light of the consensus arrived at between the parties, it is not necessary for this Court to go into merits of the case. Hence following order is passed.

i) By consent the impugned judgment dated 10/3/2023 passed in Criminal Appeal No.720/2019 is hereby quashed and set aside ii) The applicant husband is restrained from alienating, dispossessing, encroaching or creating third party rights in the premises being Flat No.901, Building No.4, Wimbledon Park, Opp. J. K. Gram School, Pokharan No.1, Thane, 400 602 till the adjudication and final disposal of CC No.195/DV/2016. 3.

Revision Application is disposed of in the above terms. (SHARMILA U. DESHMUKH, J. )