Balaji Gopalrao Gire And Another vs Sudesh Laxmanrao Deshmukh And ...
2023 Latest Caselaw 11562 Bom

2023:BHC-AUG:24435
                                                     1                      7-CRA.222-17.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        BENCH AT AURANGABAD

                                               7 CRA NO.222 OF 2017

                                 BALAJI GOPALRAO GIRE AND ANOTHER
                                              VERSUS
                              SUDESH LAXMANRAO DESHMUKH AND OTHERS

                                                      ...
                          Advocate for Petitioners/Applicants : Mr. S. S. Jangada h/f
                                           Mr. Deshmukh Sachin S.
                             Advocate for Respondent No.1 : Mr. Ashtekar R. K.
                                                      ...

                                                   CORAM :   S. G. MEHARE, J.

                                                   DATE :    08.11.2023

                     PER COURT :-

1. Heard the learned counsel for the applicants and learned

counsel for the respondent.

2. The respondent Sudesh had filed a suit for permanent

injunction against the applicants and one Santosh Patai about

the compensation of amount. His suit was registered as Special

Civil Suit No.312 of 2017. Before the said suit, defendant No.3

in the said suit namely Santosh had filed Regular Civil Suit

No.542 of 2015 against the plaintiff Sudesh. In the said suit,

the present plaintiff had filed a counter claim for specific

performance of sale and declaration in respect of sale deed

RE.No.3045 of 2013. Santosh withdrew his suit, but the

counter claim of Sudesh was treated and declined.

2 7-CRA.222-17.odt

3. Learned counsel for the applicants submits that the title

on the basis of which Special Civil Suit No.312 of 2017 was

filed was determined in Regular Civil Suit No.542 of 2015.

Hence, nothing remained to be considered in Special Civil Suit

No.312 of 2017. The said suit became infructuous. He would

submit that the plea raised in Special Civil Suit No.312 of 2017

has been adjudicated finally. The purpose of the present

applicants has been served.

4. Hence, this Civil Revision Application consequently

become infructuous.

5. In fact, the judgment and decree of Regular Civil Suit

No.542 of 2015 was to be placed in Special Civil Suit No.312

of 2017 with an application for dismissal of the suit as

infructuous.

6. The dispute was about compensation. In view of the

judgment of Regular Civil Suit No.542 of 2015, the present

applicants have received the entire compensation. So, his

interest is protected. In that circumstances, this Civil Revision

Application is disposed of as infructuous.

7. The applicants shall move before the Court in which

Special Civil Suit No.312 of 2017 is pending and submit an

3 7-CRA.222-17.odt

application with the judgment of Regular Civil Suit No.542 of

2015 with a prayer to dismiss the said suit. If the Trial Court

would not accept the contention, he will be at liberty to file the

similar application before the Trial Court.

8. Present civil revision application accordingly disposed of

as infructuous.

(S. G. MEHARE, J.)

...

vmk/-