Gera Developers Pvt Ltd Through Its Ceo ... vs Kishan Sopan Kokate Deceased
2024 Latest Caselaw 25168 Bom

Bombay High Court

Gera Developers Pvt Ltd Through Its Ceo ... vs Kishan Sopan Kokate Deceased on 2 September, 2024

Author: Sharmila U. Deshmukh

Bench: Sharmila U. Deshmukh

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 2
                                                                                                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 2 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 03/09/2024 14:24:03