1 Farad Continuation Sheet No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION (CAC) NO.19 OF 2009 IN CIVIL REVISION APPLICATION NO.708 OF 2002. (LATIKA SHARAD JOSHI & ANR. ..Vs.. RAVINDRA VITTHALRAO SHRIKHANDE ) ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri V.V.Bhangde, Advocate for original applicants. CORAM : R.C.CHAVAN, J. DATED : APRIL 08, 2009. 1. None for applicant (original non-applicant) even on third call. Heard Shri V.V.Bhangde, learned counsel for original applicants. 2. This is an application by original Non- applicant Shri Ravindra Shrikhande for withdrawal of amount of rent of Rs.42,000/-, deposited by the tenant. 3. The application is opposed on the ground that in Writ Petition No.74/2008 the parties reached a compromise and the petition was disposed of in terms of minutes of the order. This order is dated 21st April, 2008. In terms of the minutes of order, which are annexed to the order disposing the writ petition, as 2 agreed the applicant in present application, Shri Ravindra Shrikhande, sought permission to withdraw his application before the Rent Controller and all the consequential proceedings, including civil suit filed before the Judge of the Small Causes Court. 4. Now, order of payment of arrears of rent of Rs.32,000/- was passed by the Civil Judge while decreeing Civil Suit No.342/1997. Since the suit itself has been withdrawn the decree would not survive and therefore, there would be no question of the present applicant Ravindra Shrikhande being entitled to recover the sum decreed. A sum of Rs.42,000/- is deposited by the original applicant in Civil Revision Application No.708/2002 when the application was listed for admission. 5. Since the decree does not stand there is no question of the applicants in C.R.A. No. 708/2002 Smt. Latika Sharad Joshi and Subhanshoo Sharad Joshi being obliged to pay to Shri Ravindra Shrikhande a sum of Rs.42,000/-. 6. Civil Application No.19/2009 is, therefore, rejected. JUDGE RR.