Shri. Parasmal Prithviraj Jain v. Dy. Collector (Encroachment And Removal) And Competent Authority And ORS.

wpst-16926.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.16926 OF 2015 Parasmal Prithviraj Jain : Petitioner versus Dy. Collector (Encroachment & Removal) and Competent Authority and ors.

: Respondents.

Mr. Manoj Mhatre i/by Mahesh Ayare for the Petitioner. Mr. R P Ojha for the Respondent No.2.

CORAM :

R. M. SAVANT, J.

DATE :

14th July 2015 P.C.

The learned counsel for the parties i.e. Shri Manoj Mhatre for the Petitioner and Shri R P Ojha for the Respondent No.2 tender Consent Terms bearing today's date evidencing the settlement arrived at between the parties. The said Consent Terms have been signed by the learned counsel appearing on behalf of the Petitioner Shri Mahesh Ayre, and the learned counsel appearing on behalf of the Respondent No.2 Shri R P Ojha. The Consent Terms have also been signed by the Petitioner and the partner of the Respondent No.2 Shri Himmatlal Ganesh Kachchara. The learned counsel for the parties pray that the above Petition be disposed of in terms of the Consent Terms. The Petitioner is personally present in Court and when put in the box states that the said Consent Terms are acceptable to him and that he has signed them of his own free will and volition. The learned counsel for the lgc

wpst-16926.15 Petitioner Shri Mahesh Ayare identifies the Petitioner. The partner of the Respondent No.2 Shri Himmatlal Ganesh Kachchara is personally present in Court and when put in the box states that the said Consent Terms are acceptable to the Respondent No.2 firm and he has signed the Consent Terms of his own free will and volition on behalf of the Respondent No.2 Firm. The learned counsel Shri R P Ojha identifies Shri Himmatlal Ganesh Kachchara as the partner of the Respondent No.2 Firm. The said Consent Terms are taken on record and marked as "X" for identification. The undertaking in Paragraph 2 of the said Consent Terms is accepted. It is recorded in Paragraph 4 of the Consent Terms that the wife of the Petitioner would file an undertaking in the City Civil Court, Mumbai. The above Petition is disposed of in terms of the Consent Terms.

[R.M.SAVANT, J] lgc