1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2347 OF 2009 IN WRIT PETITION NO.2806 OF 2005 _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr.Sameer Suryawanshi i/b S.A.Sawant for the applicant. Mr.Abhijeet Gosavi i/b A.B.Avhad for the respondent. CORAM : D.B.BHOSALE, J. DATED : 13TH NOVEMBER, 2009 P.C. :- 1. Heard learned counsel for the parties. 2. By this civil application, the applicant has made the following prayer: “(b) The order passed by this Hon’ble Court dated 19.10.2006 in view of consent terms in W.P. No.2806/2005 be quashed and set aside and/or modified.” 3. By the order dated 19.10.2006, the writ petition was disposed of in terms of the minutes of order. In paragraph 2 of the 2 minutes of order the applicant, who was respondent no.1 in the writ petition, had given an undertaking that he would not claim any right of whatsoever nature in the property, which belongs to the petitioner and respondent no.3 in the writ petition, other than the property mentioned in clause 1. The applicant now submits that his mother and father have died and he has share in the property of their share. If that be so, it is open to the applicant to adopt appropriate remedy for seeking share in the property of his deceased parents. If the applicant adopts such remedy, same may be considered in accordance with law. While passing this order I shall not be understood to have examined merits of the case and expressed any opinion on the rights of the applicant. With these observations the civil application is disposed of. (D.B.Bhosale, J.)