Hemlata Tanku Gandhari. v. Ratan Tanku Gandhari And Others.

ca10969.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10969 OF 2016 IN SECOND APPEAL NO.164 OF 1997 Hemlata d/o Tanku Gadhari ..APPLICANT

VERSUS

Ratan Tanku Gandhari & ors.

..RESPONDENTS Mr Amol Joshi, Advocate holding for Mr Rajendra S. Deshmukh, Advocate for applicant;

Mr A. V. Rakh, Advocate holding for Mr G. V. Wani, Advocate for respondent No.1;

Mr A. I. Deshmukh, Advocate holding for Mr V. B. Patil, Advocate for respondent No.3 CORAM : NITIN W. SAMBRE, J.

DATE : 15th September, 2017 ORAL ORDER:

In view of the statement made in the affidavit-in-reply dated 9th August, 2017, on behalf of respondents No.2 and 3A to 3E to the effect that respondents will not proceed ahead with the suit transaction pursuant to the agreement of sale dated 7th August, 2013, particularly having regard to the pleadings in paragraphs 5 and 6 in the affidavit-in-reply, in my opinion, the cause cited in the application, seeking action against respondents for flouting the order no more survives. However, in view of operation of injunction in the second appeal, the applicant/appellant will be at liberty to take out such proceedings as shall be advised to her, if such occasion arises.

Civil Application stands disposed of in above terms. (NITIN W. SAMBRE, J.) amj