skt/- 1 wp.1976.1994.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1976 OF 1994 Vasant Rajaram Peshve ...Petitioner. Vs. Hari Vishnu Rahalkar & Anr. ...Respondents. ..... Ms.Deepali Patil i/by Shri R.S.Apte, advocate for the petitioner. Mr.Vivek Salunkhe i/by Shri P.B.Shah, advocate for respondent no.1. ..... CORAM :- A.S.OKA, J. DATED :- 19TH MARCH, 2010. P.C.- 1. The petition is called for final hearing. 2. The learned counsel appearing for the 1st respondent has placed on record, a letter dated 23rd July 1996, sent by the 1st respondent to him. In the said letter, the 1st respondent has stated that the dispute between the parties has been amicably settled and the petitioner has handed over the possession of the suit premises to him by executing a possession receipt dated 30th June 1996. A true xerox copy of the possession receipt has been annexed to the said skt/- 2 wp.1976.1994.sxw letter. The possession receipt recites that there is an amicable settlement between the petitioner and the 1st respondent and on the basis of the said settlement, the petitioner had surrendered possession of the suit premises to the 1st respondent. The possession receipt also records that the petitioner will withdraw the present writ petition. 3. The learned counsel appearing for the petitioner states that the petitioner has not given any instructions in the matter. The letter dated 23rd July 1996 and annexure thereto are taken on record and marked “X” (colly.) for identification. The statements made in the said letter are accepted. In view of the said statements, the petition does not survive. If the statements made in the said letter are found to be incorrect, it will be open for the petitioner to apply for revival of the writ petition. 4. Subject to what is observed above, petition is rejected. Rule is discharged with no orders as to costs. (A.S.OKA, J.)