1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 1386 Of 1991 1- Fateh Mohamad s/o Abdul Quadar, age 50 yrs., occ. Agril. & business, r/o Kaij, Tq. Kaij, Dist. Beed, 2- Abdul Wahab s/o Abdul Quadar, age 45 years,occ. Agril. & business, r/o Kaij, Tq. Kaij, Dist. Beed, 3- Mohammad Ayyub s/o Abdul Quadar, age 35 yrs., occ. Agril. & business, r/o Kaij, Tq.Kaij, Dist. Beed, 4- Mohammad Kayum s/o Abdul Quadar, age 30 yrs., occ. Agril. & business, r/o Kaij, Tq. Kaij, Dist. Beed ...Petitioners VERSUS 1- Zahura Begum w/o Fakruddin Khan, age 42 yrs., occ. - r/o Kiaj, Tq.Kaij, Dist. Beed, 2- State of Maharashtra, 3- Additional Commissioner, Aurangabad, 4- Collector, Dist. Beed, 5- Deputy Collector, Ambajogai, Dist. Beed, 6- Tahsildar, Kaij, Tq. Kaij, Dist. Beed ...Respondents 2 ..... Shri S.P.Deshmukh, advocate h/f Shri P.R.Deshmukh, advocate for the petitioners Shri P.G.Godhamgaonkar, advocate for respondent no.1 Shri T.S.Lodhe, AGP for respondent nos. 2 to 6 ..... WITH WRIT PETITION NO. 1615 OF 1996 1- Smt. Zohara Begum w/o Fakruddin Khan and d/o Abdul Gaffar, adult, occ. Household, r/o Kiaj, Tq.Kaij, Dist. Beed, ...Petitioner VERSUS 1- Fateh Mohamad s/o Abdul Quadar, age 50 yrs., occ. Agril. & business, r/o Kaij, Tq. Kaij, Dist. Beed, 2- Abdul Wahab s/o Abdul Quadar, age 45 years,occ. Agril. & business, r/o Kaij, Tq. Kaij, Dist. Beed, 3- Mohammad Ayyub s/o Abdul Quadar, age 35 yrs., occ. Agril. & business, r/o Kaij, Tq.Kaij, Dist. Beed, 4- Mohammad Kayum s/o Abdul Quadar, age 30 yrs., occ. Agril. & business, r/o Kaij, Tq. Kaij, Dist. Beed 5- Additional Commissioner, Marathwada Region, Aurangabad ...Respondents 3 ..... Shri A.G.Godhamgaonkar, advocate for the petitioner Shri S.P.Deshmukh, advocate for respondent nos. 1 to 4 Shri T.S.Lodhe, AGP for respondent no.5 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 24th November, 2009 PER COURT : 1 Perused. Heard learned respective counsel for the parties. 2 Learned respective counsel for the parties have already placed on record the consent terms in Regular Civil Suit No. 246 of 1994 before learned Civil Judge, Junior Division, Kaij, arrived between the parties at document ‘X’ and the communication received from Zahura Begum produced by Shri Godhamgaonkar, learned counsel along with Xerox copy of the certified copy of the said consent terms at document ‘X-1’. 3 Accordingly, learned counsel invited the attention towards para 3 of the said consent terms, wherein it is stated by the respective parties that Writ Petition No. 1386 of 1991 filed before this court be allowed in view of the said consent terms and it is also pointed out that Writ Petition No. 1615 of 1996 which is 4 pending before this court needs to be dismissed. 4 In view of the facts of the matter and more particularly in view of the afore said consent terms between the parties and further more particularly para no.3 thereof, Writ Petition No. 1386 of 1991 is allowed in terms of prayer clause ‘B’ thereof with no order as to costs. Rule is made absolute in above terms. Writ Petition No. 1615 of 1996 stands dismissed. Interim stay, if any, stands vacated. Rule stands discharged accordingly. (SHRIHARI P. DAVARE, J.) dbm/wp1386.91