Smt. Ashwini Ashok Jamnis v. Shri Narayan Pahlajrai Chang

9.FA364_2013.doc Vidya Amin.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 364 OF 2013 Mrs. Ashwini Ashok Jamnis (Decd.) through her husband Dr. Ashok V. Jamnis ...

Appellant vs.

1.

Narayan Pahlajrai Chang 2.

M/s. Bhoomi Developers through its Authorized Partner Hiren H. Chheda ...

Respondents Mr. J.M. Joshi, Advocate for the appellant.

Mr. Amol Mhatre, Advocate for the respondent no. 1. Mr. Nilesh Wable, Advocate for the respondent no. 2. CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: 20th March, 2019 P.C. :

The learned counsel for the appellant has submitted that appellant-Ashwini Ashok Jamnis has expired and therefore her husband Mr. Ashok Jamnis, her legal heir, is on record and he is present in the Court.

2.

The learned counsel for the appellant, respondent No. 1 and newly added respondent No. 2 submitted that the parties have amicably settled the dispute and now are filing the consent terms. 3.

The learned counsel for the respondent no. 1 submitted that

9.FA364_2013.doc respondent no. 1-Narayan Pahlajrai Chang is present in the Court. The learned counsel for newly added respondent No. 2 submitted that representative of respondent No. 2 is also present in the Court.

4.

The identity of all the parties is verified and confirmed by the Sheristedar. The consent terms dated 20th March, 2019 is taken on record. The consent terms are signed by the parties and their respective counsel. The statements made and undertaking given in the consent terms are accepted. In view of the consent terms, the judgment and order dated 21st December, 2012 passed by the learned Additional Chief Judicial Magistrate, Thane in Special Civil Suit No. 455 of 2006 decreeing the suit is hereby quashed and set aside. The First Appeal is disposed of in view of the consent terms. All the interim orders stand vacated. The appellant is entitled to refund of Court fees as per the rules. (MRIDULA BHATKAR, J.)