Chandrashekhar Satyendranath Kothare v. Deepika Sunil Kothare And ORS

48 WP 8206-24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8206 OF 2024 Chandrashekhar Satyendranath Kothare ..Petitioner

Versus

Deepika Sunil Kothare & Ors.

...Respondents

Mr. Ajinkya Kurdukar, for the Petitioner.

Mr. Rammani Upadhyay, for the Respondent.

CORAM:

N. J. JAMADAR, J.

DATE :

10th FEBRUARY 2026 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the petitioner, on instructions of the petitioner, who is present in the Court, seeks leave to withdraw the petition, unconditionally.

3.

This Court has passed orders on 14th August, 2024 and 18th September, 2024. Pursuant to the order passed by this Court, the Court appointed valuer, had submitted the valuation report, which was recorded in the order dated 18th September, 2024. As the parties were in the process of negotiation and, the Court was of the view that, the petitioner could deposit the share of other co-sharers in the Court and, in that event, the subject flat could be saved from being sold in execution of the decree, this Court had discharged the Court Commissioner, SAINATH 1/2

48 WP 8206-24.DOC appointed by the Registrar, City Civil Court, in terms of the impugned order dated 19th December, 2023.

4.

Since the negotiations did not materialize and the petitioner now intends to withdraw the petition, the order passed by the Executing Court dated 19th December, 2023, deserves to be enforced.

5.

The valuation report submitted by the valuer appointed by this Court, be forwarded to the Registrar, City Civil Court. 6.

The said valuation report be taken into account by the Executing Court for initiating steps to auction the suit property and divide the sale proceeds amongst the parties entitled to have a share therein.

7.

The Executing Court is requested to decide the Execution Petition as expeditiously as possible.

8.

Subject to aforesaid directions, the petition stands dismissed as withdrawn.

[N. J. JAMADAR, J.] SAINATH 2/2