Premchand Uttamchand Ostwal v. Manoj Sureshchandra Sancheti And ANR

908-WP4568-2007 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 WRIT PETITION NO. 4568 OF 2007 PREMCHAND UTTAMCHAND OSTWAL

VERSUS

MANOJ SURESHCHANDRA SANCHETI AND ANOTHER .....

Advocate for Petitioner : Mr. A.D. Kasliwal h/f. Mr. A. S. Bajaj. Advocate for Respondent No.2 : Mr. S. R. Deshpande .....

CORAM : V. K. JADHAV, J.

DATED : 14th FEBRUARY, 2020 PER COURT:- 1.

The learned counsel for the petitioner so also learned counsel for respondent No. 2 submit that till pendency of this petition the suit bearing RCS No. 248/2005, came to be disposed of by the Trial Court on 01.09.2008. By order dated 14.08.2007, this Court has granted interim relief in terms of prayer clause 'D' and thereby respondent No. 2 was restrained from taking possession of the suit property. In view of above, since the RCS No. 248/2005, is now disposed of, this writ petition has become infructuous since order passed below Exhibit 5 by the Trial Court, confirmed by the Appellate Court, is under challenge in this Writ Petition.

908-WP4568-2007 -22.

The Writ Petition is accordingly disposed of. Rule discharged.

( V. K. JADHAV, J.) vre/