Bombay High CourtWP/1160/2017disposedoff

Shri Rajendra S/O Shrikrishna Deshmukh v. Shri Ramchandra S/O Sakharam Mahajan (Dead) Thr. Lrs. Shri Sunil Ramchandra Mahajan And Others

2020-01-06Hon'Ble Shri Justice R.V. Ghuge2 pages

1 wp1160.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1160/2017 Shri Rajendra S/o Shrikrishna Deshmukh ..V/s..

Shri Ramchandra S/o Sakharam Mahajan through L.Rs. Shri Sunil Ramchandra Mahajan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - Shri C.S. Kaptan, Senior Advocate with Shri P. P. Deshmukh, Advocate for the petitioner.

Shri Chetan Dhore, Advocate for respondent No.1C. Shri A.M. Ghare, Advocate for respondent Nos.2A to 2D, 3A and 3B, 4A to 4E, 5A to 5C.

A.A. Madiwale, A.G.P. for respondent No.6.

CORAM : RAVINDRA V. GHUGE, J.

DATED : 6.1.2020.

1] I have heard the learned Advocates for the respective sides. I have perused the earlier orders passed by this Court on 27.2.2017 and 25.9.2019.

2] The learned Advocates appearing on behalf of the litigating parties have now arrived at a consensus that the order dated 8.4.2013 passed by the trial Court below Exh.373 in S.C.S. Nos.53/1990 and 875/1992, should be complied with by the City Survey Officer No.3, Civil Lines, Nagpur.

3] In view of the above, the impugned order dated 14.11.2016 below Exh.369, passed by the trial Court, is set aside by consent.

2 wp1160.17 4] All the parties are agreeable to be at the suit site on 27.1.2020 at 12 noon. Consequently, respondent No.6, who is represented by the learned A.G.P., shall ensure that he is present at the suit site on 27.1.2020 at 12 noon and shall carry out the measurement, as directed.

5] In view of the above, this petition is disposed off.

6] It is expected that the measurement activity and the measurement report along with a sketch map, would be submitted to the trial Court on or before 20.3.2020.

(RAVINDRA V. GHUGE, J.) Tambaskar.