← Library
Bombay High CourtCRA/1048/2014

Akhand Pratap Singh And Others v. Akhtar Hasan Rizvi And Others

2017-02-08Hon'Ble Shri Justice Nitin Jamdar2 pages

6­1­CRA­1048­14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 1048 OF 2014 Akhand Pratap Singh & Ors.

...Applicants

Versus

Akhtar Hasan Rizvi & 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 Applicants submitted that Respondents No. 2 to 10, who are also other tenants, were not the contesting parties. As the agreement is only between Respondent No. 1­ the owner and the Applicants, at the request of the learned Counsel for the Applicants, the names of Respondents No. 2 to 10 stand deleted from the array of parties. Amendment to be carried out forthwith.

2.

The learned Counsel for the parties state that the parties have amicably resolved their dispute and have entered into the Consent Terms. The learned Counsel state that all the parties have signed the Consent Terms and they have Sharayu.

1/2

6­1­CRA­1048­14.doc understood the implication thereof. The learned Counsel state that whereas the meetings were held to finalise the Consent Terms and after due deliberation, the Consent Terms have finalised.

3.

I have gone through the Consent Terms. Respondent No. 1 has agreed to pay certain compensation and provide transit as well as permanent alternate accommodation on the terms specified. A perusal of the terms indicate that there is nothing unconscionable about the agreement entered into between the parties and therefore, there is no impediment in taking the Consent Terms on record. Accordingly, Consent Terms are taken on record and marked 'X' for identification. 4.

Power of Attorneys are produced on record. They are taken on record and marked 'X 1' and 'X 2' for identification. 5.

The Registry will examine the Power of Attorney. 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.] Sharayu.

2/2