Dr. Ishwar D. Kurekar v. Bhaskar Krushnarao Gourshettiwar

53-WP-5054-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.5054 OF 2014 Dr Ishwar Dadaji Kurhekar -vsBhaskar Krishnarao Gaurshettiwar and ors.

WITH SECOND APPEAL NO.367 OF 2017 Dr Ishwar Dadaji Kurhekar -vsBhaskar Krushnarao Gaurshettiwar ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri R. S. Kurekar, Advocate for petitioner/appellant. Shri A. Kulkarni, Advocate with Shri Anand Parchure, Advocate for respondent No.1 in W.P.No.5054/2014 and for respondent in S.A.No.367/2017.

Shri S. Bissa, Assistant Government Pleader for respondent Nos.2 and 3 in W.P. No.5054/2014.

CORAM : A.S.CHANDURKAR, J.

DATE : July 29, 2019 Shri R. S. Kurekar, learned counsel for the petitioner/appellant submits that in view of subsequent events namely, the building in question having collapsed on 02/09/2013 and the fact that in the year 2014 the respondent/landlord has sold off the suit property, the present proceedings are rendered infructuous.

Shri A. Kulkarni, learned counsel for the respondent No.1 does not dispute the sale of the suit property. He, however submits that the respondent is entitled to claim mesne profits on account of illegal occupation by the petitioner/appellant after the

53-WP-5054-14 2/2 decree for eviction.

In view of the subsequent developments referred to above both the proceedings are disposed of as having been rendered infructuous. The respondent has already been given liberty to claim mesne profits in the decree passed by the trial Court. The respondent is free to pursue his claim for grant of mesne profits. No costs.

JUDGE Asmita