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Bombay High CourtWP/1080/2019disposed off

Cecil Charles Brako And ORS. v. Surekha Hanumant Tawade And ORS.

2019-03-19Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

WP1080_19_speaking.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1080 OF 2019 Cecil Charles Brako and others ...

Petitioners Vs.

Surekha Hanumant Tawade and others ...

Respondents Mr. Vivek R. Walavalkar i/b. Mr. Sameer Bhalekar for Petitioners. Mr. Vinod S. Pandey i/b. Mr. S. U. Pandy for Respondents No.1 to 3. CORAM : R. G. KETKAR, J.

DATE :

MARCH 19, 2019 P.C. :

Heard Mr. Walavalkar, learned Counsel for the petitioners and Mr. Pandey, learned Counsel for the respondents No.1 to 3. 2.

The learned Counsel for the parties submit that following sentence in para 6 of the order dated 04.03.2019 deserves to be deleted: "After hearing both sides, the executing Court permitted the respondents No.1 to 3 to handover possession of 800 sq.mtrs. to the respondent No.4, the Petition is, therefore, rendered infructuous."

and it may be clarified that application dated 26.11.2018 made by the respondents No.1 to 3 herein at exhibit-18 and application dated 26.11.2018 made by the respondent No.4 at exhibit-19 are also pending before the trial Court. Respondents No.1 to 3 have filed application exhibit-18 for handing over possession of 800 sq.mtrs. to the respondent No.4.

3.

In view thereof, the following sentence in paragraph 6 of the order dated 04.03.219:

"After hearing both sides, the executing Court permitted the respondents No.1 to 3 to handover possession of 800 sq.mtrs. to the respondent No.4, the Petition is, therefore, rendered infructuous."

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WP1080_19_speaking.doc shall stand substituted by the following sentences: "Respondents No.1 to 3 have filed application exhibit-18 for handing over possession of 800 sq.mtrs. to the respondent No.4.

Application dated 26.11.2018 made by the respondents No.1 to 3 herein at exhibit-18 and application dated 26.11.2018 made by the respondent No.4 at exhibit-19 are also pending before the trial Court."

4.

The order dated 04.03.2019 stands corrected accordingly. Rest of the order remains as it is.

(R. G. KETKAR, J.) Minal Parab 2/2