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Bombay High CourtSA/106/2008compromisedconsent terms

Nagu Genu Bhosale And ANR v. Jagannath Nagu Bhosale And ORS

2017-12-13Hon'Ble Shri Justice K.K. Tated2 pages

904 sa106-08 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.106 OF 2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.P.Kulkarni for the appellant Mr.B.G.Tangsali for the respondent no.1 Mr.Manoj Badgujar h/f Ms.Manjiri Parasnis for the respondent nos.2 to 7 CORAM : K. K. TATED, J.

DATE : DECEMBER 13, 2017 P.C.:

1.

Heard the learned Counsel for the parties.

2.

This court by order dated 6.12.2017 referred the matter to Registrar (Judicial) to verify the identity of the parties, consent terms and submit report to that effect under Order 23 Rule 2 of the Civil Procedure Code, 1908.

3.

Pursuant to the said order, Registrar (Judicial) submitted his report dated 8.12.2017. Today the learned Counsel for the Respondents submit that Respondents nos.4, 5, 6 and 7 are present personally before this court. They admit the contents of the Consent Terms. All these Mohite 1/2

904 sa106-08 Respondents submit that contents of the Consent Terms are explained by the respective advocate in Marathi language and they agreed for the same. 4.

The learned Counsel for the appellant and respondent submit that as the respondent nos.4, 5, 6 and 7 are present before this court personally, they do not want to rely on the power of attorney dated 28.7.2014 filed by them before this court on 6.12.2017. Therefore, both the counsel submit that page nos.8 to 19 be deleted from the Consent Terms. Same is permitted.

5.

Both the counsel submit that they are identifying their clients who are present before this court and their execution of consent terms. Same is accepted.

6.

Consent Terms are accepted and are taken on record and marked 'X' for identification.

7.

Second Appeal stands disposed of in terms of Consent Terms.

8.

Consent Terms be treated as part and parcel of decree.

9.

No order as to costs.

(K.K.TATED, J.) Mohite 2/2