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Bombay High CourtCAW/2162/2018disposed off

Shri. Nagesh Krishnahari Kanna v. Smt. Lalitabai Satyanarayan Lokam -Since Decd. Thorugh Lrs.

2018-10-04Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

501­wp­86­2017.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO.86 OF 2017 Lalitabai Satyanarayan Lokam ] (since deceased through her legal ] Representative) ] 1A. Shriniwas Satyanarayan Lokam ] and Anr.

] Petitioners Vs.

Nagesh Krishnahari Kanna ] Respondent WITH CIVIL APPLICATION NO.2162 OF 2018 Nagesh Krishnahari Kanna ] Petitioner Vs.

Lalitabai Satyanarayan Lokam ] (since deceased through her legal ] Representative) ] 1A. Shriniwas Satyanarayan Lokam ] and Anr.

] Respondents .....

Mr. Sagar Kursija i/b T.D. Deshmukh, for Petitioner. Mr. A.B. Tajane, for Respondent.

....

CORAM : R.G. KETKAR, J.

DATE : 4th October, 2018.

P.C:

Not on board. At the request of Mr. Tajane, taken up in the production board.

2.

Heard Mr. Kursija, learned Counsel for the petitioners and Mr. Tajane, learned Counsel for the respondent.

501­wp­86­2017.odt 3.

This matter is moved by way of praecipie dated 1st October, 2018 for disposal of the Writ Petition on the ground that the petitioner has handed over possession of the suit premises and thus the decree is satisfied. Mr. Kursija, on instructions, confirms that the petitioners have handed over possession to the respondent. He, therefore, seeks permission to withdraw the Petition.

4.

In view thereof, on the Motion made by Mr. Kursija, Petition is allowed to be withdrawn and is disposed of as such. Rule is discharged with no order as to costs. In view of disposal of the main Petition, Civil Application No.2162 of 2018 does not survive and the same is disposed of.

[R.G. KETKAR, J.]