Tarachand Kisan Wankhade, Thr. Lrs. Vasant Tarachand Wankhede v. Supada Rambhau Rakhonde

12 sa 445-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 445 OF 2019 Tarachand Kisan Wankhade Through Legal Heirs Vasant Tarachand Wankhede ...Versus...

Supada Rambhau Rakhonde - - - - - - - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------- ------------- - - Shri P.S. Kshirsagar, Counsel for appellant Shri R.D. Karode, Counsel for respondent CORAM : AVINASH G. GHAROTE, J.

DATE : 10/02/2020 Mr. Ram Karode, learned counsel for the respondent, makes a statement that the judgment and decree as passed by the Trial Court, dated 07.07.2010 in R.C.S. No.45/2007 and confirmed by the Appellate Court in R.C.A. No.70/2010 by its judgment dated 09.12.2015, has already been executed and the encroachment has been removed and possession has been delivered to the respondent. In support of the same, he places on the possession receipt dated 14.06.2018 at Exh. 49, in Regular Darkhast No. 11/2010 which is taken on record and marked as '

X'

for identification.

Mr. P.S. Kshirsagar learned counsel for the appellant accepts the same and submits that the second appeal has now become infructuous and he does not want to press the same, on instructions.

12 sa 445-2019.odt Accepting the statement made by the learned Counsel for the appellant, the Second Appeal is disposed of as infructuous. No order as to costs.

JUDGE J.Pethe