Bombay High CourtLPA/117/2005dispossed offdismiss for default

Murlimanohar Gokuldasji Bhangde And Others. v. Dr Mrs Prabha Bhattacharya..

2015-01-09Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Mrs. Justice Mridula R. Bhatkar2 pages

LPA117-05 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR LETTERS PATENT APPEAL NO. 117/2005 IN W.P. 2836/1990 (D) (M.G. BHANGDE THR. L.R.S SMT.P.M. BHANGDE & OTHERS VERSUS DR.MRS.PRABHA BHATTACHARYA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Sahil Bhangde h/f Shri V.V. Bhangde, counsel for the appellant. Shri S.G. Shukla, counsel for the respondent. CORAM : B.R. GAVAI AND MRS. MRIDULA BHATKAR, JJ.

DATE : JANUARY 9 , 2015 .

The parties have filed C.A.Z. No.1/2015 for recording the compromise as arrived between the parties. I) It has been agreed between the parties that the appellants shall vacate the suit premises on or before 30.06.2015.

II) It has been further agreed between the parties that the appellants shall vacate pay the rent regularly and will not create any third party interest in the suit premises. III) It has been further agreed between the parties that the respondent will not claim mesne profits, damages, etc. for the appellants.

IV) It has been further agreed between the parties that the respondent will withdraw the suit bearing Regular Civil Suit No.348 of 2008 pending before the Additional Small Causes Court, Nagpur after vacating the premises by the appellantsdefendants and handing over possession to the respondentplaintiff.

LPA117-05 The undertakings in the application are treated as the undertakings in this proceedings. It is made clear that the appellants shall in any event handover the vacant and peaceful possession of the suit property to the respondent-plaintiff on or before 30.06.2015.

The appeal is, therefore, disposed of in terms of the compromise, which is put on record by way of C.A.Z. No.1/2015. In the facts of the case, there would be no order as to costs. JUDGE JUDGE APTE