Dadabhau Haushiram Ovhal v. Jayshri Vijay Ovhal

kvm 1/2 4-SA545.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 545 OF 2017 ALONGWITH CIVIL APPLICATION NO. 587 OF 2017 IN SECOND APPEAL NO. 545 OF 2017 Dadabhau Haushiram Ovhal ..... Appellant/ Applicant

VERSUS

Jayshri Vijay Ovhal & Ors.

..... Respondents Mr.Sudhir V.Sadavarte for the Appellant.

Mr.Sudhir V. Manjare, Advocate/Notary was present in court. CORAM :

R.D. DHANUKA, J.

DATE :

1st OCTOBER, 2019 P.C.

Mr.Sadavarte, learned counsel for the appellant tenders consent terms notarized on 7th January,2019. He states that except four of the respondents, rest of the respondents are present in court. Mr.Sudhir V.Manjare, learned Notary Public is also present in court. Learned Notary Public states that all the parties to the consent terms have signed and/or affixed their thumb impression in his presence. He has personally explained the contents of the consent terms to each of the signatories to the consent terms or the parties who have affixed their signature or thump impression.

2.

Learned counsel for the appellant states that the matter is settled by and between all the parties and the signatures affixed on the consent terms or the thumb impression are the signatures or the thumb

kvm 2/2 4-SA545.17 impression of the parties to the consent terms. Statement is accepted. The statement made by the Notary Public is also accepted. Consent terms are taken on record and marked 'X' for identification. Second Appeal No.545 of 2017 is disposed of in terms of the consent terms. No order as to costs.

3.

In view of the dismissal of the second appeal, Civil Application No.587 of 2017 does not survive and is accordingly disposed of. 4.

Decree be drawn up in terms of the consent terms arrived at between the parties.

[R.D.DHANUKA, J.]