Jafar Khan Hasan Khan Lrs Sk. Shabirabi And Others v. Vithabai Govindrao Andhale (Deceased) And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3720 OF 2015 (VITHABAI GOVINDRAO ANDHALE, DIED, THROUGH LR'S AND OTHERS VS. JAFAR KHAN HASAN KHAN, DIED, THROUGH LR'S AND OTHERS) WITH CIVIL APPLICATION NO.3721 OF 2015 (JAFAR KHAN HASAN KHAN, DIED, THROUGH LR'S AND OTHERS VS.VITHABAI GOVINDRAO ANDHALE, DIED, THROUGH LR'S AND OTHERS) WITH SECOND APPEAL NO.323 OF 1992 Mr.D.S.Kulkarni, Advocate for the applicants. Mr.P.P.Kothari h/f Mr.S.S.Bora, Advocate for the respondents. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 20/03/2015 PER COURT :

1.

The applicants in the first application are the appellants in the second appeal. Prayer put forth is for withdrawing the second appeal No.323/1992 in view of a registered sale deed having been executed in favour of the appellants by the legal heirs of the deceased respondent.

The second civil application is preferred by the LR's of the original plaintiffs, who are respondents in the second appeal. Prayer is for withdrawing the cross objection stamp no.12425/1992 in khs/March 2015/3720-15 (d)

Second Appeal No.323/1992.

3.

Copy of the sale deed is placed on record alongwith the civil applications. Learned Advocates for the respective sides confirm the same.

4.

In the light of the above, both the civil applications are allowed. The second appeal is dismissed as withdrawn in the light of the settlement between the parties. Cross objections, therefore, do not survive and are permitted to be withdrawn.

5.

All pending civil applications are therefore rendered infructuous and are hence disposed of. Second appeal is dismissed, as withdrawn.

( RAVINDRA V. GHUGE, J.) khs/March 2015/3720-15 (d)