The Chairman Gokul Ananda Patil v. Bapusaheb Ranjit Garud Died Lrs Pramila And Others

12074.16ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12074 OF 2016 IN SECOND APPEAL NO. 297 OF 2009 The Chairman, Shri Gokul Ananda Patil, Amalner of Proposed Saibaba Co-op. Gruh Nirman Society, Amalner, Dist. Jalgaon.

..APPLICANT

VERSUS

Bapusaheb Ranjit Gurud, died through his L.Rs.

Pramila w/o Bapusaheb Gurud, Age: 75 years, Occ: Household, R/o. 64, Shivlok, National Co-op. Housing Society, Baner Road, Aundh, Pune-7 & ors ..RESPONDENTS Mr A.D. Shinde, Advocate for applicant;

Mr K.D. Bade Patil, Advocate for respondent Nos. 1A, 1B and 2;

CORAM : N.W. SAMBRE, J.

DATE : 27th JUNE, 2017 ORAL ORDER :

The respondents, particularly respondent Nos. 1A, 1B and 2 through Mr. Bade, learned Counsel have tendered an undertaking that they would take appropriate steps for securing property by erecting

12074.16ca (2) wire fencing and such fencing will be erected within a period of four months from today.

2.

Since it is assured orally before this Court that the respondents shall not create any third party interest, in my opinion, the undertaking needs to be accepted, as not objected by the appellant.

3.

Respondent Nos.1A, 1B and 2 are at liberty to erect fencing and shall submit compliance report of the action taken in compliance with the undertaking that they have completed work within period of four months from today. It is further made clear that the said respondents will not claim any equity based on the said events.

4.

In view of above, present civil application no more survives. The same stands dismissed with above observations.

(N.W. SAMBRE, J.) Tupe