Ravindra Parshuram Bolinjkar v. Mr. Vasant Vaman Chaudhary

2-cra-14144-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL REVISION APPLICATION [ST] NO.14144 OF 2018 Ravindra Parshuram Bolinjkar ] Applicant Vs.

Vasant Vaman Chaudhary ] Respondent .....

Mr. Kapil P. Shetye, for applicant.

Mr. P.P. Kulkarni, for respondent.

.....

CORAM :

R.G. KETKAR, J.

DATE :

18th JULY, 2018.

P.C:

Heard Mr. Shetye, learned Counsel for the applicant and Mr. Kulkarni, learned Counsel for the respondent. 2.

By this application under section 115 of the Code of Civil Procedure, 1908 (for short 'C.P.C'), the applicant has challenged the judgment and decree dated 8th October, 2014 passed by the learned Civil Judge (Junior Division) Vasai in R.C.S. No.53 of 2008 as also the judgment and decree dated 10th April, 2018 passed by the Extra Joint District Judge Vasai in Regular Civil Appeal No.46 of 2016. By these orders, the Courts below decreed the suit and directed the applicant, hereinafter referred to as "defendant" to hand over vacant and peaceful possession of the suit premises, among other directions. 3.

Learned Counsel for the parties have tendered consent terms duly signed by the parties and their Advocates. Same is taken on record and marked

2-cra-14144-2018.odt "A" for identification. Mr. Shetye submits that applicant is present in the Court. He has tendered photo copy of his Aadhar Card, which is taken on record and marked "B" for identification. Mr. Kulkarni submits that respondent is present in the Court. He has tendered photo copy of his Aadhar Card, which is taken on record and marked "C" for identification.

4.

Under the consent terms, it is agreed between the parties that after possession of the suit premises is handed over by the applicant to the respondent, respondent shall hand over possession to the applicant on leave and licence basis for a period of five years on monthly licence fee of Rs. 500/-. It is further agreed between the parties that licence period shall be extended by the parties as per mutual terms settled between them. 5.

Learned Counsel for the parties submit that Civil Revision Application may be disposed of in terms of the consent terms. The parties admit and confirm correctness of the consent terms. After perusing the consent terms, I am satisfied that controversy between the parties is lawfully settled in terms of the consent terms. Undertaking given by the parties is accepted. Civil Revision Application is disposed of in terms of the consent terms. Order accordingly.

[R.G. KETKAR, J.]