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Bombay High CourtCA/4319/2019disposed offdismissed for default

Mahesh Prakash Desai v. Babasaheb Vinayak Didore And Others

2019-03-27Hon'Ble Shri Justice P.R. Bora2 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 4319 OF 2019 IN WP/8554/2013 MAHESH PRAKASH DESAI

VERSUS

BABASAHEB VINAYAK DIDORE AND OTHERS ...

Advocate for Applicant : Mr. Karpe Rahul R.

Adv A S Barlota For R-1.

--- CORAM : P.R. BORA, J.

DATED : 27th March, 2019.

PER COURT:- 1.

When the present petition is taken up for hearing, learned counsel for petitioner, submitted that the petitioner and the respondents have arrived at amicable settlement and the matter is likely to be settled before the trial court. A copy of the terms of compromise is also placed on record. The learned counsel submitted that only because present petition is pending before this Court and interim order dated 18th December, 2013 passed in the writ petition is operating, the trial court is not recording the terms of compromise. In the circumstances, the learned counsel, on instructions, seeks leave to withdraw the petition. Leave granted. The petition stands disposed of since withdrawn.

2.

It is clarified that if the terms of compromise are not acted upon for whatsoever may be the

(2) reason, it would be open for the petitioner to agitate the issues which are raised in the present petition by filing fresh petition as and when such occasion arises. (P.R. BORA) JUDGE bdv