Gera Developers Pvt Ltd Through Its Ceo Mr. Gulzar Malhotra v. Kishan Sopan Kokate Deceased

2024:BHC-AS:35323 5sa397-11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.397 OF 2011 WITH CIVIL APPLICATION NO.1656 OF 2009 Kisan Sopan Kokate and Anr.

... Appellants.

Versus

Suyog Co-op.Hsg.Soc.Ltd, Its Secretary Digamber Vishnu Gupchup and Ors.

... Respondents.

WITH CIVIL APPLICATON NO.1879 OF 2017 M/s.Gera Developments Pvt. Ltd.

Regtd. Office At-200 Gera Plaza ... Applicant.

Versus

Kisan Sopan Kokate (D/H) through LRs. and Ors. ... Respondents.

WITH INTERIM APPLICATON NO.7615 OF 2024 M/s.Gera Developments Pvt. Ltd.

Through Its Ceo Mr. Gulzar Malhotra ... Applicant.

Versus

Kisan Sopan Kokate (D/H) through LRs. and Ors. ... Respondents.

----- Mr. Shriram S. Kulkarni for Appellants.

Mr. Rupesh Geete i/by Satyaki Law Associates for Respondent No.1. Mr.Nikhil Sakhardande, Senior Advocate (through video conferencing) a/w. Mr.Pralhad Paranjape, Mr.Rahul Punjabi for Respondent No.17. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

September 02, 2024.

P. C. :

1.

The Second Appeal was reserved for judgment. This Court was informed that the matter is being settled and therefore the judgment was not delivered.

sa_mandawgad 1 of

5sa397-11 2.

Learned counsel appearing for the Appellants, on instructions of Mr.Sachin Kokate, who is present in Court, seeks permission to withdraw the Second Appeal, as the matter has been settled between Respondent Nos.17-Developer and the Appellants. 3.

During pendency of this proceedings, Appellant No.2 had expired and the legal heirs were transposed as the Respondent Nos.18 to 20.

4.

Mr. Sakhardande, learned Senior Advocate, on instructions, submits that the Respondent No.17-Developer has also settled the dispute amicably with the Respondent Nos.18 to 20 and nothing survive for further consideration.

5.

Second Appeal stands disposed of as withdrawn. 6.

In view of the disposal of the Appeal, Civil/Interim Applications, if any, taken out in this Appeal, does not survive and same is disposed of.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 03/09/2024 14:24:03