Azam Yar Khan Samad Yar Khan And Others v. Ziauddin Khan Mumtazuddin Khan And Others

2024:BHC-AUG:9753 13644.23WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 984 WRIT PETITION NO. 13644 OF 2023 AZAM YAR KHAN SAMAD YAR KHAN & OTHERS

VERSUS

ZIAUDDIN KHAN MUMTAZUDDIN KHAN & OTHERS ...

Advocate for the petitioners : Adv.A.P.Bhandari Advocate for Respondent no.1 : Adv.G.D.Shaikh ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.05.2024 P.C. :

1] The respondent no.1 - original plaintiff, namely, Ziauddin Khan s/o. Mumtazuddin Khan is present in the Court. The respondent no.1 - original plaintiff, namely, Ziauddin Khan s/o. Mumtazuddin Khan, has filed affidavit stating therein that the respondent no.1 has no objection to allow the present Writ Petition. 2] The learned counsel for the respondent no.1 - original plaintiff submits that the respondent no.1 has no objection to allow the present Writ Petition. 3] The aforesaid affidavit is taken on record.

13644.23WP 4] In view of the statement made, the impugned judgment and order dated 11.08.2023 passed by the District Judge-11, Aurangabad in Misc. Civil Appeal No.101/2022 and the judgment and order dated 10.05.2022 passed by 6th Joint Civil Judge Junior Division, Aurangabad below Exh.5 in Regular Civil Suit No.201/2022 are quashed and set aside.

5] However, it is clarified that this Court has not verified the settlement dated 02.05.2024 and the parties would be at liberty to verify the settlement before the appropriate authority.

6] In view of the above, the present Writ Petition is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC