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Bombay High CourtFCA/162/2009disposed off

Devdatt Mangesh Sukthankar v. Anita Devdatt Sukthankar

2022-12-07Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Justice Kamal Khata5 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2022.12.09 10:38:35 +0530 GAURI AMIT GAEKWAD 1/5 3-FCA-162-2009.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.162 OF 2009 Devdatt Mangesh Sukthankar .....Appellant Vs.

Anita Devdatt Sukthankar .....Respondent ---- Mr. Ajit S. Hodage a/w. Mr. Sudam S. Patil i/b. Mr. Prashant G. Karande for appellant.

Mr. Vishal Kanade i/b. Mr. Sanjay Gawde for respondent. ---- CORAM : K. R. SHRIRAM & KAMAL KHATA, JJ.

DATED : 7th DECEMBER 2022 P.C. :

Parties have amicably resolved their differences and tendered minutes of consent terms dated 7th December 2022. The minutes of consent terms signed by appellant, respondent and their respective advocates is taken on record and marked "X" for identification. Appellant is present in Court and identified by Mr. Hodage. Respondent is not present in Court due to medical issues and Mr. Kanade informs the Court that respondent has signed in the presence of Mr. Sanjay Gawde and in his presence (he saw respondent sign over video conferencing). Ms. Esha Sukthankar, the daughter of appellant and respondent is present in Court. Ms. Esha Sukthankar states that respondent lives with her and she was present when respondent signed the minutes of consent terms. In confirmation thereof, Ms. Esha Sukthankar has also signed the minutes of consent terms.

2/5 3-FCA-162-2009.doc For ease of reference, the consent terms is scanned and reproduced hereinbelow :

3/5 3-FCA-162-2009.doc

4/5 3-FCA-162-2009.doc Order in terms of the minutes of consent terms. All statements are accepted as undertaking to this Court. All undertakings are also accepted.

5/5 3-FCA-162-2009.doc Mr. Hodage, on instructions states that Ms. Esha Sukthankar has not been made a nominee because the society, after redevelopment, is yet to be formed. At the same time, Mr. Hodage states that in the Permanent Alternate Accommodation Agreement with the developer, name of Ms. Esha Sukthankar has been shown as a nominee entitled to 100% of the share in the flat and undertakes that this will not be altered. Mr. Hodage states that a copy of the Permanent Alternate Accommodation Agreement will be made available to Ms. Esha Sukthankar during the course of this week. Statement accepted.

The marriage solemnized on 18th December 1986 between appellant and respondent stands dissolved by mutual consent. Drawn up decree be expedited.

Appeal disposed. No order as to costs.

All to act on authenticated copy of this order. (KAMAL KHATA, J.) (K. R. SHRIRAM, J.)