Mr.Karbhari Mahadu Navale v. Shri.Kedarnath Thakaji Hire (Deceased Thr. Lrs.)

kpd 1 / 2 904-SA-630-2017.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 630 OF 2017 WITH CIVIL APPLICATION NO. 1148 OF 2017 Mr.Karbhari Mahadu Navale ...

Appellant

Versus

Shri.Kedarnath Thakaji Hire since deceased through his legal heirs Smt. Tarabai Kedarnath Hire and others ...

Respondents Mr.Amey Deshpande alongwith Ms. Hemlata Kharat for the Appellant/Applicant. Mr.B.K. Barve alongwith Sandeep Barve instructed by B.K. Barve and Company for the Respondent Nos.1A to 1E.

Mr.Gaurang Jhaveri for the Respondent Nos.2A to 2E and 3. CORAM : S.J. KATHAWALLA, J.

DATED : 21 st SEPTEMBER, 2017 P.C.:

1.

The Advocates appearing for the Appellant/Applicant and the Respondent Nos.1A to 1E, 2A to 2E and 3 have tendered the Consent Terms dated 4th September, 2017. They submit that the Consent Terms be taken on record and the above Second Appeal be disposed off in terms of the said Consent Terms/Agreement. 2.

The Advocate for the Respondent Nos.1A to 1E, 2A to 2E and 3 have informed the Court that they have explained and interpreted the contents of the Consent Terms to their clients in Marathi language and they have understood the same and have

kpd 2 / 2 904-SA-630-2017.sxw signed the said Consent Terms of their own free will and volition and there is no force or coercion involved.

3.

The Collector, Nashik is directed to comply with Clause 4 of the Consent Terms within a period of three months from the date of this order. 4.

The above Second Appeal as well as Civil Application are disposed off in terms of the said Consent Terms/Agreement marked 'X' for identification.

( S.J.KATHAWALLA, J. )