Motiram Bhagwan Gharbude vs Ashok Vithal Sonawane And Anr
2016 Latest Caselaw 438 Bom

                                                                     Cri.W.P.156/2008
                                         1

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         BENCH AT AURANGABAD

                       CRIMINAL WRIT PETITION NO.156 OF 2008




                                                                            
                                       WITH
                       CRIMINAL APPLICATION NO.717 OF 2016




                                                    
    Motiram s/o Bhagwan Gharbude,
    Age 68 years, Occu. Retired,
    R/o 701A, Sai Sankalp Society,
    7, Bungalow, Andheri (W), Mumbai                       .. Petitioner




                                                   
            Versus

    1.      Ashok s/o Vithal Sonawane,
            Age 31 years, Occu. Journalist,
            R/o Renuka Niwas, Bhusan Nagar,




                                      
            Kedgaon Devi, Ahmednagar,
            Taluka and Dist. Ahmednagar

    2.
                             
            The State of Maharashtra                       .. Respondents

    Mr H.V. Tungar, Advocate h/f Mr C.R. Deshpande, Advocate for
                            
    petitioner
    Mr D.K. Kulkarni, Advocate for respondent No.1
    Mr D.V. Tele, A.P.P. for respondent No.2

                                             CORAM : N.W. SAMBRE, J.

                                             DATE     : 8th March 2016
   



    ORAL JUDGMENT

            Heard.

2. Learned Counsel for the petitioner submits that in Suit No.7422

of 2004 (High Court Suit No.2887 of 2004), the parties have arrived at

consent terms and as such, the said suit came to be disposed of in

view of consent terms.

3. In this background, the application for hearing of present

petition is moved by placing on record the consent terms, as are

drawn between the parties and also the copy of the order passed by

the learned Judge, City Civil Court for Greater Bombay, at Bombay on

Cri.W.P.156/2008

14th October 2015. The said order speaks of the parties to the present

petition were present before the said Court and after hearing the

learned Court below recorded the consent terms.

4. Learned Counsel for the petitioner, in this background would

submit that the proceedings mentioned in paragraphs 2 and 3 need to

be withdrawn unconditionally, as has been agreed in paragraph 4 to

the consent terms.

5. The present writ petition is arising out of one of the proceedings

which are mentioned in paragraph No.3.

6.

In above background, in my opinion, it will be appropriate to

send back the record and proceedings which were called in the

present writ petition and it shall be open for the parties to apply

before the Court before which the proceedings are pending to get

them disposed of in terms of the consent terms and the order passed

by the City Civil Court, Greater Bombay, at Bombay on 14 th October

2015.

7. In view of above observations, in my opinion, no further orders

are called for in writ petition. Writ Petition stands disposed of with

above observations. Rule made absolute accordingly.

8. In view of disposal of Writ Petition, Civil Application No.717 of

2016 does not survive and stands disposed of.

( N.W. SAMBRE, J.) vvr