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Bombay High CourtCAC/100/2016disposed off

Suresh Sitaram Dolas v. Shankar Mahadeo Dolas And ORS

2023-10-31Hon'Ble Justice Sharmila U. Deshmukh2 pages

2023:BHC-AS:33109 rsk 1-CRA-250-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.250 OF 2015 WITH CIVIL APPLICATION NO.100 OF 2016 IN CIVIL REVISION APPLICATION NO.250 OF 2015 WITH INTERIM APPLICATION NO.3305 OF 2023 Suresh Sitaram Dolas ..... Applicant V/s.

Shankar Mahadeo Dolas and Ors.

..... Respondents Mr. Parag Tilak for the Applicant.

Ms. Zenobia S. Israni for Respondent No.1a, 1b, 1d, 1e and 1f. CORAM : SHARMILA U. DESHMUKH, J.

DATE : 31st OCTOBER, 2023.

P.C.:- 1.

Learned counsel appearing for the Applicant and Respondent Nos.1(a) to 1(f) has tendered the Consent Terms executed between the parties thereby agreeing that the judgment, decree and order dated 30/3/2015 passed in R. A. D. Appeal No.18 of 2011 be set aside. 2.

Respondent 1(f), who is one of the legal heirs of the deceased Respondent No.1 has not signed the Consent Terms as she is a resident of US. On the last occasion, this Court had interacted with her through Video conferencing and she has accepted the terms of the Consent Terms. In 1/2

rsk 1-CRA-250-15.doc support of her consent, she has sent an e-mail communicating that she is agreeable to the Consent Terms filed by her mother and sisters and she has that she already signed the Consent Terms in Sessions case when she was in India. In support of the proof of her identity, she has attached a copy of her driving license. The communication sent by e-mail to form part of the Consent Terms. The Consent Terms as well as e-mail is taken on record and marked Exhibit 'X' for identification.

3.

On the last occasion the parties were present before the Court and had reiterated their consent and they had also accepted their signature on the Consent Terms. The parties were identified by their respective counsel. 4.

Civil Revision Application is disposed of in terms of the Consent Terms.

5.

In view of above, Civil and Interim Applications do not survive and are accordingly disposed of.

(SHARMILA U. DESHMUKH, J.) 2/2