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Bombay High CourtWP/7046/2015allowed

Shri Sanjay Kashinath Bhosale And ORS v. Shri Jalindar Bajirao Nanaware And ORS

2024-04-04Hon'Ble Shri Justice Milind N. Jadhav8 pages

Amberkar IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 7046 OF 2015 Sanjay Kashinath Bhosale & Ors.

.. Petitioners

Versus

Jalindar Bajirao Nanaware & Ors.

.. Respondents ....................

 Mr. Sanjiv A. Sawant a/w Ms. Samiksha S. Mane for Petitioners  Mr. Laxman Kanal for Respondent Nos. 1 and 2 ...................

CORAM : MILIND N. JADHAV, J.

DATE : APRIL 04, 2024 P. C.

:

1.

Not on board. Mentioned. Taken on board.

2.

Perused the praecipe dated 04.04.2024. Heard Mr. Sawant, learned Advocate for Petitioners and Mr. Kanal, learned Advocate for Respondent Nos. 1 and 2.

3.

It is stated that parties have reconciled their dispute and filed Consent Terms seeking to dispose of the present Writ Petition. Consent Terms dated 18.04.2024 are taken on record and marked "X" for identification. Consent terms are signed by the respective parties as also their Advocates.

4.

With respect to contents of paragraph Nos. 3, 4 and 5 and the obligations stated therein, Respondent Nos. 1 and 2 have filed a separate affidavit / undertaking dated 12.01.2024 which is appended Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 1 of 8

to the Consent Terms. The said affidavit is to be read as part of the Consent Terms. Total number of pages of the Consent Terms are six. For convenience and reference, the said Consent Terms and Affidavit are scanned and reproduced below:- Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 2 of 8

Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 3 of 8

Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 4 of 8

Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 5 of 8

Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 6 of 8

Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 7 of 8

5.

Rights and obligations stated in the Consent Terms are taken as undertaking given to the Court by all concerned parties who shall be obligated with the same.

6.

Mr. Sawant would submit that since the Plaintiffs are withdrawing Regular Civil Suit No. 207/2010 filed before the learned Trial Court unconditionally as stated in the Consent Terms, any interim order prevailing shall come to an end. Mr. Kanal, learned Advocate for Respondent Nos. 1 and 2 agrees to the same.

7.

In view of the Consent Terms, Writ Petition is allowed and disposed in terms of the Consent Terms as agreed upon by the parties. No order as to costs.

Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2024.04.08 18:00:27 +0530 RAVINDRA MOHAN AMBERKAR Corrected / Modified order as per Speaking to the Minutes of order passed on 08.04.2024 8 of 8