( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 238 OF 1993 Shrirampur Taluka Pragat Bagayatdar Sahakari Society Ltd. PETITIONER VERSUS The Bombay Machinery Stores, through its owner and vahivatdar Vasantlal Popatlal Babriya Since deceased, by his L.Rs. 1-A) Bhartbhuj Vasantlal Babriya 1-B) Shailesh Vasantlal Babriya Both r/o Old Post Office lane, Shrirampur, Dist. Ahmednagar RESPONDENTS …. Mr. R.N. Dhorde, advocate for the petitioner. Mr. A.S. Bajaj, advocate for the respondents. …. [CORAM : V.R. KINGAONKAR, J.] [DATE : 30th July, 2010] PER COURT : 1. By consent, the petition is being disposed of in following terms. (i) Considering the rival submissions and the needs of ( 2 ) the parties, the respondents agree to surrender half of the premises i.e. 35 feet x 20 feet adjoining to the godown which was previously in possession of Dagduram Bokadia, in favour of the petitioner and the remaining half which is on extreme eastern side shall be retained by the respondents. (ii) The eviction decree in terms of above settlement to be rendered and the suit will be deemed to have been decreed to the extent of the said half tenament surrendered by the respondents in possession of the petitioner. The respondents shall vacate the said half of the tenament of the godown within period of two (2) months. The parties to get erected middle wall for which the permission shall be obtained by the petitioner and the expenditure required shall be equally borne by the petitioner and the respondents. (iii) If required, the respondents may shift the entrance door at their own costs and may carry out necessary repairs at their costs. 2. Petition is accordingly disposed of. 3. In view of disposal of this writ petition, the civil ( 3 ) applications No. 7802/2010, 10741/2010 and 10742/2010 do not survive and hence, stand disposed of accordingly. [V.R. KINGAONKAR] JUDGE NPJ/wp238-93