Vasantrao Nabaji Mankar And Another v. Rekha Bharat Suryawanshi And Others

1 AO/46/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 46 OF 2015 AND CIVIL APPLICATION NO. 5079 OF 2015 IN AO/46/2015 Vasantrao S/o Nabaji Mankar and anr.

.. Appellants/ Applicants Vs.

Sow. Rekha W/o Bharat Suryawanshi and ors.

.. Respondents ---- Mr. A.S. Bajaj, Advocate for the appellants-applicants Mr. S.T. Shelke, Advocate for respondent no.1 ---- CORAM : M.T. JOSHI, J.

DATE : 01/07/2015 ORAL ORDER :

1.

Heard.

2.

Mr. Bajaj, learned counsel for the appellant files on record undertaking alongwith the map signed by Architect Laxmikant A. Naikwadi. The same is marked as "X" for the purpose of identification.

3.

In view of the undertaking, Mr. Shelke submits that the present appeal from order may be disposed of by accepting the said undertaking.

4.

In the circumstances, the following order:-

2 AO/46/2015 5.

The order of the trial Court is set aside and instead, the undertaking is accepted.

6.

The appeal from order is disposed of without any order as to costs.

7.

In view of disposal of appeal from order, civil application no. 5079 of 2015 seeking stay to the impugned order does not survive and the same stands disposed of.

[M.T. JOSHI] JUDGE arp/