Gita A. Narang v. S.M. Thipsay (Desd) Lrs.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8141 OF 2003 WITH CIVIL APPLICATION NO. 2492 OF 2014 WITH CIVIL APPLICATION NO. 2274 OF 2004 IN WRIT PETITION NO. 8141 OF 2003 Smt. Gita A. Narang .. Petitioner Vs.

Smt. S.M. Thipsay (since deceased) through her heirs and legal representatives 1(b) Shri A.M. Thipsay & Ors.

.. Respondents Mr.Ashok B. Tajane for petitioner in writ petition and for respondent no.2.in civil application no.2492/2014.

Mr.Ashutosh Kumbhkoni, senior advocate a/w. Mr.Prashant Kamble i/b Mr.Deepak R. More for respondents in 8141/2003 and for applicant in CAW 2492/2014.

Mr.Satish Thipsay, respondent no.1(e) present. Mr.Amrik Singh Narang-respondent no.2 present. Mr.Tajinder Amrik Narang-son of petitioner & respondent no.2 present. Mr.Reshmi Tajinder Narang-daughter-in-law of petitioner and respondent no.2 present.

CORAM : K.R.SHRIRAM, J.

DATE : 13TH MARCH, 2015 P.C.

The counsel for the opposing parties state that the parties have amicably resolved all their disputes relating to the property which is the 1/3

subject matter of the above writ petition. In addition thereto, the parties have also settled their disputes relating to the property which is mentioned at Schedule B to the consent terms dated 13th March 2015 which is taken on record and marked 'X' for identification. The consent terms has been signed by respondent no.2 for himself and as husband and the constituted attorney of the petitioner. The petitioner has also put her right hand thumb impression on each page of the consent terms and her thumb impression has been identified by her son Mr.Tajinder Amrik Narang. The petitioner's advocate has also signed and endorsed that the consent terms have been read over in English and additionally, interpreted and explained by him in Hindi to the petitioner and respondent no.2.

The consent terms has been signed by respondent nos.1(b), 1(c), 1(e) and their respective advocates. As regards respondent no.1(d), the counsel Shri Kumbhakoni states that respondent no.1(d) is out of station and the advocate on record has been authorized to go ahead with the consent terms. Shri Kumbhakoni further states that respondent no.1(d) will come to the Court on or before 17th March 2015 and sign the consent terms in presence of the advocate on record.

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In view of the above, order in terms of the consent terms. The undertaking given by the respective parties in the consent terms are also accepted and so ordered.

In view of paragraph 10 of the consent terms, the petitioner is permitted to amend the writ petition to add Shri Amrik Singh Narang as corespondent no.2. Re-verification dispensed with. Shri Tajane, Advocate for the petitioner is permitted to file his Vakalatnama on behalf of respondent no.2. The registry to accept the same. In view of the above, the writ petition and all civil applications stand disposed.

All parties to act on a copy of this order duly authenticated by the registry. Certified copy also expedited.

(K.R. SHRIRAM, J.) 3/3