Defense Colony Co-Op Hsg Soc Ltd v. Harishchandra Pandurang Satav And ORS
SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2021.09.24 14:45:46 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2719 OF 2021 Defense Colony Co-op. Hsg. Soc. Ltd.
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Petitioner
Versus
Harishchandra Pandurang Satav and Ors.
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Respondents WITH CONTEMPT PETITION (ST) NO.15492 OF 2021 WITH WRIT PETITION NO.2069 OF 2021 Harishchandra Pandurang Satav and Ors.
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Petitioners versus Defense Colony Co-op. Hsg. Soc. Ltd. and Ors. ...
Respondents WITH CONTEMPT PETITION NO.177 OF 2021 Mr. Arvind K. Chauhan, for Petitioner in WP No.2719 of 2021 and for Respondent No.1 in WP 2069 of 2021 Mr. Karl Tamboly with Mr. Sanjiv Sawant, Mr. Digvijay Palande, Mr. Abhishek Deshmukh i/by Mr. Abhishek Deshmukh, for Petitioner in WP 2069 of 2021 and for Respondent Nos.1 to 3 in WP 2719 of 2021.
Mr. A.I.Patel, Addl. Govt. Pleader with Mr. R.S.Pawar, AGP, for State. Mr. Narayan Prabhakar Ankushe, Chief Promotor, present. Mr. Pandurang Prabhakar Ankushe, Chairman of Society present. Mr. Harishchdra Pandurang Satav, Respondent No.1 present. Mr. Omkar Pandurang Satav, Respondent No.2 present. Mrs. Nalini Jaising Gaikwad, Respondent No.3 present. Mr. Gaurav Harishchandra Satav, son of Respondent No.1 present. CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.
DATE :
nd SEPTEMBER, 2021 P.C. :
1.
The learned Advocates for the Petitioner and Respondent Nos.1 to 3 in SSP 1/3
Writ Petition No.2719 of 2021 have tendered Consent Terms dated 22nd September, 2021. They submit that the Consent Terms be taken on record and the above Writ Petitions as well as Contempt Petition be disposed of in terms of the Consent Terms. The Consent Terms are taken on record and marked 'X' for identification. The Consent Terms are signed by Mr. Narayan Prabhakar Ankushe, Chief Promoter of the Petitioners' Society, Mr. Panduarang Prabhakar Ankushe, Chairman of Petitioners' Society, Mr. Harishchandra Pandurang Satav - Respondent No.1, Mr. Omkar Pandurang Satav - Respondent No.2 and Mrs. Nalini Jaising Gaikwad - Respondent No.3 as well as the Advocates for the Petitioner Society and Respondent Nos.1 to 3. Mrs. Nalini Jaising Gaikwad - Respondent No.
3 states that the contents of the Consent Terms have been explained to her in Marathi by Respondent No.1 and also by her Advocate Mr. Digvijay Palande. She states that she has signed the Consent Terms of her free will and volition and there is no force, fraud or coercion involved. She further states that she accepts and confirms the terms set out in the Consent Terms. The Petitioner Society as well as Respondent Nos.1 to 3 in Writ Petition No.2719 of 2021 state that they do not accept the Mojni (Registration No.3398 of 2021) and measurements dated 25 th February, 2021 and 27 th August, 221 and demarcation dated th August, 2021 and 27 th August, 2021 carried out by the Deputy Superintendent of Land Records, Taluka Haveli, Pune, pursuant to the order passed by this Court dated th August, 2021 in Writ Petition No.
2719 of 2021 and they shall not act on the same.
The statement is accepted.
2.
The above Writ Petitions as well as Contempt Petitions are disposed of in terms of the Consent Terms, marked 'X'. The undertakings recorded in the Consent Terms are accepted.
( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 3/3