Rajendra Ramchandra Kundale v. The Tahsildar Kalyan And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5445 OF 2000.

Shantilal Keshav Shah and Others.

...Petitioners.

Versus

Shantaram Gopal Bankari

...Respondent.

WITH WRIT PETITION NO. 3479 OF 2024.

Rajendra Ramchandra Kundale

...Petitioner.

Versus

The Tahsildar Kalyan and Others.

...Respondents.

WITH WRIT PETITION NO. 3481 OF 2024.

Devram Kathod Suroshe

...Petitioner.

Versus

The Tahsildar Kalyan and Others.

...Respondents.

WITH WRIT PETITION NO. 3480 OF 2024.

Shantaram Gopal Bankari (since deceased) through LRs

...Petitioner.

Versus

The Tahsildar Kalyan and Others.

...Respondents.

WITH WRIT PETITION NO. 5451 OF 2000.

Shantilal Keshav Shah and Others.

...Petitioners.

Versus

Ramchandra Murari Kundale and Others

...Respondents.

WITH WRIT PETITION NO. 5450 OF 2000.

Shantilal Keshav Shah and Others.

...Petitioners.

Versus

Devram Kathod Suroshe

...Respondents.

1 of

------ Mr. Girish Godbole, Senior Advocate i/b Mr. Rahul Soman a/w Ms. Deepashikha Godbole for the Petitioner in W.P. No. 5445 of 2000, W.P. No. 5451 of 2000 and W.P. No. 5450 of 2000.

Mr. Girish Godbole i/b Mr. Kaustubh Thipsay a/w Ms. Deepashikha Godbole for Respondent Nos.3 and 5 in W.P. No. 3479 of 2024, W.P. No. 3481 of 2024 and W.P. No. 3480 of 2024.

Mr. Ashutosh Gavnekar, Mr. Rohit Parab i/b Mr. C. G. Gavnekar for Petitioner in W.P. No. 3479 of 2024, W.P. No. 3481 of 2024, W.P. No. 3480 of 2024, for Respondent Nos.1(a) to 1(h) in W.P. No. 5445 of 2000, for Respondent Nos.1 to 8 in W.P. No.5450 of 2000 and for Respondent Nos. 2 to 5, 6 and 7 in WP No. 5451 of 2000.

------ Coram : Sharmila U. Deshmukh, J.

Date : December 19, 2024.

P. C. :

1.

This Court is informed that against the order of this Court dated 19th September, 2024 declining to accept the consent terms, the parties had approached the Apex Court and by order dated 10th December, 2024, the Apex Court has set aside the order of this Court and allowed the appeal in terms of consent terms dated 23rd August, 2024.

2.

As the appeal was allowed by the Apex Court in terms of consent terms dated 23rd August, 2024 which were agreed between the parties, nothing further survives for consideration in W.P. No. 5445/2000, W.P. No. 5451/2000 and WP. No.5450/2000. The same are disposed of in terms of consent terms which are accepted by the Apex Court. 3.

The consent terms which are already tendered on record are 2 of

marked "X" for identification.

4.

In view of the Agreement between the parties as noted in the consent terms, Writ Petition No. 3479 of 2024, Writ Petition No. 3480 of 2024 and Writ Petition No. 3481 of 2024 are permitted to be withdrawn by the tenants.

5.

In view of disposal of Writ Petitions, nothing survives for consideration in the pending Interim/Civil Applications and the same stand disposed of.

[Sharmila U. Deshmukh, J.] 3 of