Tejmal Chogmal Shah (Since Deceased) Through Legal Heirs v. M/S Rizvi Builders And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 1049 OF 2014 AND CIVIL APPLICATION (ST.) NO. 3842 OF 2017 IN CIVIL REVISION APPLICATION NO. 1049 OF 2014 Tejmal Chogmal Shah & Ors.

...Applicants

Versus

M/s. Rizvi Builders & Ors.

...Respondents

---------- Mr. P.G. Karande, for the Applicants.

Mr. Mahesh Mishra, a/w Ravi Thankanian, for the Respondent No. 1.

---------- CORAM :

N.M. JAMDAR, J.

DATE : 8 February 2017 ORAL ORDER :

1.

The learned Counsel for the parties state that the parties have amicably resolved their dispute. 2.

Civil Application (St.) No. 3842 of 2017, which is not on board. By consent of parties, taken on board. 1/3

3.

By this Civil Application, the Applicants have sought to delete the name of Applicant No. 3A, who has expired. It is stated that the heirs of the Applicant No. 3A i.e. 3B to 3D are already on record. The learned Counsel for the Respondent No.1 states that the contesting Respondents have no objection. Accordingly, the Civil Application is allowed, in terms of prayer clauses (a) and (b). Amendment to be carried out forthwith. 4.

The learned Counsel for the parties state that the dispute involved in the Civil Revision Application is resolved amicably. The learned Counsel for the parties state that the Respondents No. 2 to 9 are not necessary for the purposes of the present Civil Revision Application, as there were other tenants and the agreement is only between the Applicants and Respondent No. 1-owner, leave to amend granted on the statement of the learned counsel for the Applicants. 5.

I have gone through the Consent Terms. Respondent No. 1-owner has agreed to give certain compensation, has made provisions for temporary accommodation and has also offered permanent accommodation. There is nothing unconscionable. Accordingly, Consent Terms are taken on record and marked 'X' for identification.

2/3

6.

All undertakings given in the Consent Terms are accepted.

7.

The Civil Revision Application is disposed of in terms of the Consent Terms.

[N.M. JAMDAR, J.] 3/3