Shri. Venaram Shamaramji Patel v. Shri. Mangilal Bhopaji Devasi

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2304 OF 2018 Venaram Shamaramji Patel Petitioner (Orig. Plaintiff / Decree holder)

Versus

Mangilal Bhopaji Devasi ..

Respondent (Original Defendant No.1 / Judgment Debtor) ....................

 Mr. Sahil Mahajan a/w. Mr. Saurabh S. Godbole, Advocates for Petitioner.

..

 Mr. R. A. Shaikh a/w. Mr. Hasan Sayed, Advocate for Respondent.  Venaram Shamaramji Patel - Petitioner present. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 28, 2024 P.C.

:

1.

Heard Mr. Mahajan, learned Advocate for Petitioner and Mr. Shaikh, learned Advocate for Respondent.

2.

Parties have reconciled their dispute and filed Consent Terms, Consent Terms are dated 28.02.2024. The said Consent Terms are taken on record and marked 'X' for identification. They are executed by Petitioner - Venaram Shamaramji Patel, Advocate for Petitioner, Respondent - Mangilal Bhopaji Devasi and Advocate for Respondent. They are totally running into 7 pages. For the sake of reference and convenience the same are scanned and reproduced below:-

3.

In view of the Consent Terms, Special Civil Suit No.346 of 2012 stands decreed in terms of Consent Terms. Parties are bound by the rights and obligations and more specifically obligations to be fulfilled and stated in the Consent Terms. These obligations are taken as undertaking given to this Court and parties shall abide by them. In view of the above, Special Civil Suit No.346 of 2012 stands disposed. 4.

Both learned Advocates would submit that by order dated 13.06.2022, the Petitioner has deposited Rs.7,00,000/- in this Court. In view of the Consent Terms and more specifically as stated therein that the Respondent has no objection if the aforesaid amount is returned back to the Petitioner, the Registry of this Court is directed to return / refund Rs.7,00,000/- alongwith all accrued interest received thereon till today to the Petitioner within a period of 7 days from today on production of an authenticated copy of this order without insisting on any Application. The fixed deposit if required to be broken shall be broken immediately. Details of the Bank account of the Petitioner shall be provided to the Registry by the Advocate when he shall approach the Registry with an authenticated copy of this order and concerned Registrar in the Registry shall not insist for any further Application.

5.

With the above direction, Writ Petition is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2024.02.29 13:35:08 +0530 HARSHADA HANUMANT SAWANT