Shri. Dhananjay Vinayak Bhole vs Shailaja Avinash Kulkarni And Ors
2021 Latest Caselaw 4315 Bom

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sneha N.                             CIVIL APPELLATE JURISDICTION
Chavan
Digitally signed
                            CIVIL REVISION APPLICATION (ST) NO. 17705 OF 2019
by Sneha N.                                       WITH
Chavan
Date: 2021.03.09
                                  INTERIM APPLICATION NO. 3337 OF 2019
16:55:30 +0530
                   Shri. Dhananjay Vinayak Bhole              ..Applicant
                         V/s.

                   Shailaja Avinash Kulkarni & Ors.           ..Respondents
                                                    ----
                   Mr. V.M. Parkar for the Applicant.

                   Mr. Sayeed Mulani i/b Mulani & Co. for the Respondent No.4.
                                                 ----
                                               CORAM : C.V. BHADANG, J.

DATE : 09th MARCH, 2021

P.C.

1. Now deceased Govind Balwant Kulkarni had filed a suit

against late Sugandha Bhole for eviction and possession of the suit

flat. The learned Small Causes Court at Mumbai dismissed the suit

on 05.05.2011. The respondents, who are the legal representatives

of the original plaintiff challenged the same before the Appellate

Bench. The Appellate Bench by a Judgment and Decree dated

16.04.2019 directed eviction of the applicant, who is the sole legal

representative of the original defendant Sugandha Bhole.

                          Sneha Chavan                                           page 1 of 3
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2. The learned counsel for the parties have filed the Consent

Terms, which are taken on record and marked "X" for identification.

The Consent Terms are signed by the applicant and the contesting

respondent no. 4 and their counsel.

3. I have heard the learned counsel for the parties. It is pointed

out that respondent No.4 is the landlord, who is managing the

affairs of the suit flat and is recovering rent. The Consent Terms

envisage that respondent No.4 has paid a sum of Rs.35 lakhs to the

applicant by way of compensation including interior improvement

and furniture etc, in order to enable the applicant to acquire another

accommodation. The applicant has surrendered the vacant and

peaceful possession of the suit premises to the respondent No.4.

4. In that view of the matter, the applicant seeks deletion of

Respondent Nos. 1, 2 , 3, 5 and 6 and seeks disposal of the revision

application in view of the Consent Terms.

5. Upon hearing the learned counsel for the parties, the civil

revision application is disposed of as withdrawn, with no order as to

costs.

6. The amount deposited before this Court along with interest, if

any, shall be paid to Respondent No.4 on proper identification.

     Sneha Chavan                                                 page 2 of 3
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7. In view of withdrawal of civil revision application, nothing

survives in the interim application. Hence, same is also disposed of

as infructuous.

C.V. BHADANG, J.

     Sneha Chavan                                              page 3 of 3