Rajendrakumar Dashrath Kale v. Dashrath Deoram Kale And ORS

1_sa_123_2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.123 OF 2022 WITH INTERIM APPLICATION NO.805 OF 2022 IN SECOND APPEAL NO.123 OF 2022 Rajendrakumar Dashrath Kale ...Appellant

Versus

Dashrath Deoram Kale and Ors.

...Respondents

...

Ms Rama Somani with Mr. Chetan Alai for the Appellant. Mr. Sachin Gite for the Respondents.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 8th NOVEMBER, 2023.

P. C. :- 1.

The Appellant herein, who was the original Plaintiff had challenged the judgment and order dated 20/01/2020 whereby the learned District Judge-5, Nashik, dismissed the Regular Civil Appeal No.403 of 2016 and confirmed the judgment and decree dated 04/07/2016 passed by the learned Joint Civil Judge, Junior Division, Sinnar, Nashik in Regular Civil Suit No.153 of 2010. MEGHA SHREEDHAR PARAB 2.

Learned counsel for the Appellant and the Respondents state that during the pendency of this appeal, the parties have arrived MEGHA SHREEDHAR PARAB Date: 2023.11.10 17:50:45 +0530 at an amicable settlement. They have placed on record the consent Megha 1/2

1_sa_123_2022.odt terms, which are duly signed by all the parties and their respective counsel. The Appellant as well as the Respondents are present before the Court. They have been identified by their respective counsel. They confirm their signatures on the consent terms and confirmed the contents of the consent terms as well as family partition deed, copy of which is annexed to the consent terms. Since the parties have arrived at consent terms willingly on their own volition, second appeal stands disposed as per the consent terms.

3.

The decree is modified as per the consent terms. Partition deed shall form part of the consent decree.

4.

The appeal as well as the civil application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2