Azam Yar Khan Samad Yar Khan And Others vs Ziauddin Khan Mumtazuddin Khan And ...
2024 Latest Caselaw 14044 Bom

Bombay High Court

Azam Yar Khan Samad Yar Khan And Others vs Ziauddin Khan Mumtazuddin Khan And ... on 3 May, 2024

2024:BHC-AUG:9753



                                                     1
                                                                                 13644.23WP

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              984 WRIT PETITION NO. 13644 OF 2023
                      AZAM YAR KHAN SAMAD YAR KHAN & OTHERS
                                      VERSUS
                     ZIAUDDIN KHAN MUMTAZUDDIN KHAN & OTHERS
                                                     ...
                             Advocate for the petitioners : Adv.A.P.Bhandari
                             Advocate for Respondent no.1 : Adv.G.D.Shaikh
                                                     ...

                                              CORAM : ARUN R. PEDNEKER, J.

                                              DATE         : 03.05.2024

                    P.C. :

                    1]            The   respondent         no.1   -   original    plaintiff,

namely, Ziauddin Khan s/o. Mumtazuddin Khan is present in the Court. The respondent no.1 - original plaintiff, namely, Ziauddin Khan s/o. Mumtazuddin Khan, has filed affidavit stating therein that the respondent no.1 has no objection to allow the present Writ Petition.

2] The learned counsel for the respondent no.1 - original plaintiff submits that the respondent no.1 has no objection to allow the present Writ Petition.

3] The aforesaid affidavit is taken on record.

13644.23WP

4] In view of the statement made, the impugned judgment and order dated 11.08.2023 passed by the District Judge-11, Aurangabad in Misc. Civil Appeal No.101/2022 and the judgment and order dated 10.05.2022 passed by 6 th Joint Civil Judge Junior Division, Aurangabad below Exh.5 in Regular Civil Suit No.201/2022 are quashed and set aside.

5] However, it is clarified that this Court has not verified the settlement dated 02.05.2024 and the parties would be at liberty to verify the settlement before the appropriate authority.

6] In view of the above, the present Writ Petition is disposed of.

[ARUN R. PEDNEKER] JUDGE DDC