1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3747 OF 2009 IN FIRST APPEAL NO.600 OF 2003 Krusangali Akurli Mata Deosthan Samiti. ...Applicant. Vs. Dattatraya Devaji Bhandar and ors. ...Respondents. Mr.M.C.Shah i/by A.C. Mahimkar for the Applicant. Mr.S.A.Sawant for the Respondent No.1. Mr.A.V.Anturkar with Mr. Vijay Kumar i/by Mr. Prashant Kulkarni for the Respondent No.2. Mr.J.P. Yagnik, AGP. for the Respondents 3 to 5. CORAM : R.S. MOHITE, J. DATE : 21st January, 2010 PC : 1 Heard both sides. 2 Advocate for the applicant states that in respect of land on which the respondent No.2 is effecting construction, he would like to pursue his independent remedy by filing a separate suit and in 2 this view of the matter he would not like to press this application. He further states that in the consent terms this 610-sq. mtrs. area has been allotted to the share of the present respondent No. 1. Counsel for the respondent No.2 contends that his client is not in possession and will not make any construction on the 610-sq. mtrs. area on which the temple is situated and which, according to the consent terms filed in S.C.Suit No.1080 of 1967, is land on which the temple is situated. He contends that the consent terms in S. C. Suit No.1080 of 1967 are not binding on the respondent No.2 because he was not a party to the said suit. In view of such a statement, the present application is allowed to be withdrawn and stands disposed off. 2 Counsel appearing for the applicant states that since his client has decided to file a separate suit, he would also like to drop the respondent No.2 as party respondent No.2 in this appeal. In the circumstances, on the request made 3 on behalf of the applicant, Respondent No.2 is deleted as party respondent. Amendment to be carried out within one week from today. Application stands disposed off. ( R.S. MOHITE, J.) `