Santosh Murlidhar Sharma v. Subhash Trimbakrao Khursale

CA-4688.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 4688 OF 2015 IN WRIT PETITION NO. 3729 OF 2009 Sau. Santosh W/o Murlidhar Sharma ... Applicant

Versus

Subhash S/o Trimbakrao Khursale ... Respondent ----- Mr. A. D. Shinde, Advocate for applicant CORAM :

SUNIL P. DESHMUKH, J.

17TH JULY, 2015 ORDER:

1.

This civil application has been moved by the applicantrespondent in writ petition. 2.

According to the learned counsel for the applicant, in the eviction proceedings initiated, his client had succeeded throughout. Writ petition filed by the present respondent had also failed and further that the petition for special leave to appeal before the Supreme Court had also met with rejection under order dated 0509-2014 whereunder respondent had been granted time to vacate the premises till 31-03-2015 and was further directed to continue to pay rentals to the landlord-present applicant positively on or before third day of each month and it is this amount which has been deposited in the writ petition in this court and is being sought to be withdrawn under the civil application.

CA-4688.15 3.

None appears for respondent. As such, assertions in the civil application go uncontroverted.

4.

I therefore, grant civil application in terms of prayer clause (B). Civil application stands disposed of.

SUNIL P. DESHMUKH, J.

pnd