JUDGMENT :

Sandeep K. Shinde, J.

1. Heard Mr. Patil the learned counsel for the petitioners and Mr. Patwardhan the learned counsel for the respondent no. 1.

2. Mr. Patil, the learned counsel for the petitioners, on instructions seeks leave to withdraw the petition and placed on record instructions received from the petitioners. Leave is declined for the following reasons:

"Before adverting to the reasons, let me place on record dates of events, in the order of their occurrence between the parties."

3. The co-operative Court in the year 1993 passed judgment and award and as per the award, opponent no. 3, predecessor-in-title of the petitioners was directed to hand over vacant possession of the suit premises to the disputant (opponent/respondent no. 1 herein). The judgment and award was confirmed by the Co-operative Appellate Court and further by this Court in Writ Petition and the Letters Patent Appeal. That as such, award was put to execution in Regular Darkhast No. 170 of 1993. Executing Court disposed of the Regular Darkhast No. 170 of 1993 on the ground that it is not tenable as the award had been modified by the Co-operative Appellate Court. This order of the executing Court was cha