Sayyed Sarfrazoddin Ziyaoddin v. Syes Asadpasha Syed Vikhayatullah Thr Lrs Mahajabeen And ORS

1 S.A. 229...2008.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 SECOND APPEAL NO. 229 OF 2008 WITH SA/704/2007 SAYYED SARFRAZODDIN ZIYAODDIN

VERSUS

SYED ASADPASHA SYED VIKHAYATULLAH THR LRS MAHAJABEEN AND ORS .....

Mr. Rajendra Deshmukh, Advocate for appellant. Mr. E.P.Sawant, Mr. D.R.Bhadekar, Advocates for R - 1 to 6.

.....

CORAM : T.V.NALAWADE, J.

DATE : 8th JUNE, 2016 ORAL ORDER :- .

Both sides present. They submitted that the parties have settled the dispute in the Court. They submitted that one Suit was filed for specific performance of contract and other for removal of encroachment, handing over of possession and for injunction. They submitted that as the sale deed is executed in favour of the plaintiff who had filed Suit for specific performance of contract and sale deed is produced on record. They submitted that both the appeals

2 S.A. 229...2008.odt become infructuous. Copies of settlement filed in the Court are on record. The sale deed is also taken on record. 2.

Both sides prayed for withdrawal of Appeals. Permission granted.

3.

Both Appeals are disposed of as withdrawn.

[T.V.NALAWADE, J.] KNP/S.A. 229...2008.odt