1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 17964 OF 2010 IN WRIT PETITION NO.: 2894 OF 1992 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLN. NO.: 17964 OF 2010 IN WRIT PETITION NO.: 2894 OF 1992 *** 1. Civil Application is filed by Petitioner for setting aside the impugned judgment and order dated 30th March, 1992 and for allowing writ petition in view of subsequent events. Advocate Mr. Kulkarni has contended that mutation entry and order assailed in writ petition now need to follow that adjudication in his favour in Regular Civil Suit No.756 of 2000 and hence the petition needs to be allowed. 2. Advocate Mr. Bedre for Respondent Nos. 3 to 6 and Advocate Mr. Pallod for Respondent Nos. 7A. and 7B. oppose the request. They pointed out that the issue of disputed gift deed and about partition between the family is amicably settled between the parties and parties have agreed to withdraw all 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 17964 OF 2010 IN WRIT PETITION NO.: 2894 OF 1992 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. litigations instituted by them against each other. In this view of the matter, they contend, petition cannot be allowed. 3. Learned A.G.P. appearing for Respondent Nos.1, 2 and 8 state that as dispute was pending between the parties, at relevant time, the authority in the impugned order observed that after its adjudication, appropriate mutation entry can be taken. 4. After hearing respective counsel, I find that the controversy is concluded by the judgment dated 29th September, 2007 delivered in Regular Civil Suit No.756 of 2000 (Old Special Civil Suit No.104 of 1988) by 3rd Joint Civil Judge, Senior Division, Ahmednagar. The respondent Nos.1, 2 and 8 before this Court are, therefore, duty bound to implement the said judgment and decree. 5. The parties, therefore, can approach to Respondent no.2 with this judgment and decree 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLN. NO.: 17964 OF 2010 IN WRIT PETITION NO.: 2894 OF 1992 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. and obtain appropriate mutation entry. In view of this, I find that cause for which petition is filed is already extinguished and petition does not survive. Same is accordingly disposed of. No costs. 6. Needless to mention that as dispute was pending since long and has been settled, Respondent No.2 shall take appropriate steps to carry out mutation at the earliest. 7. Civil Application No.5106 of 2004 is rendered infructuous and accordingly disposed of. [B.P.DHARMADHIKARI, J.] Dated:12/01/2011. ans/17964