Shivgonda Yalgonda Patil (Deceased Thr. Lrs) v. Housabai Pirgonda Patil And ORS.

p1-sa783-01 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.783 OF 2001 WITH CIVIL APPLICATION NO.1691 OF 2016 WITH CIVIL APPLICATION NO.398 OF 2016 WITH CONTEMPT PETITION (STAMP) NO.28013 OF 2016 Shivgonda Y. Patil, since deceased through His L.Rs. - Smt.Kamal S. Patil & Ors. ...Appellants V/s.

Ramgonda P. Patil & Ors.

...Respondents

Mr.A.M. Kulkarni for the Appellants.

Mr.S.A. Rajeshirke for the Respondent nos.2 and 3. Mr.P.P. Kulkarni for the Respondent No.4.

Mr.Abhijit Desai for the Respondent No.5.

CORAM : R.D. DHANUKA, J.

DATE : 21ST OCTOBER, 2016.

P.C. :- 1.

Learned counsel appearing for the appellants states that the respondent no.1 has expired and her legal heirs and representatives are already on record and seeks liberty to delete the name of the respondent no.1. The statement is accepted. Leave to amend is granted. The amendment to be carried out forthwith. Reverification is disposed with. 2.

Learned counsel appearing for the parties tender the 1/2

p1-sa783-01 consent terms dated 21st October, 2016 duly signed by the parties and their respective advocates. The consent terms are explained and interpreted in Marathi by the learned advocates representing the parties. Learned counsel for the appellants states that the appellant (D) is authorized to sign the consent terms on his behalf and also on behalf of other appellants and thus the consent terms are entered into on the basis of the consent terms already arrived at between the parties which are duly notarized and are annexed as Exhibit "B" to this consent terms. The statement is accepted. 3.

The consent terms are taken on record and marked "X". The undertakings recorded in the consent terms are accepted. 4.

The second appeal is disposed of in terms of the consent terms.

5.

The civil applications pending, if any, are also disposed of. 6.

The learned counsel for the appellants does not press Contempt Petition (Stamp) No.28013 of 2016 in view of the settlement arrived at between the parties. The statement is accepted. 7.

The contempt petition is accordingly dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2