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Bombay High CourtCAM/244/2019disposed off

Mrs. Pallavi Kanchan Kharat v. Mr. Kanchan Ravindra Kharat

2022-07-13Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Milind N. Jadhav11 pages

Digitally signed by MEERA MAHESH JADHAV Date:

2022.07.14 17:25:25 +0530 1/11 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.244 OF 2019 IN FAMILY COURT APPEAL NO.45 OF 2021 Mrs. Pallavi Kanchan Kharat ....Applicant V/s.

Mr. Kanchan Ravindra Kharat

...Respondent

INTERIM APPLICATION NO.1044 OF 2019 IN FAMILY COURT APPEAL NO.45 OF 2021 ---- Mr. Tushar Sonawane i/b Mr. Prashant Hagare for Applicant/Appellant Mr. Shashank c. Mangle for Respondent Mrs. Pallavi Kanchan Kharat, Appellant present Mr. Kanchan Ravindra Kharat, Respondent present ---- CORAM : K.R. SHRIRAM & MILIND N. JADHAV JJ DATED : 13th JULY 2022 P.C. :

Parties have amicably settled the matter and tendered consent terms dated 13th July 2022. Consent Terms signed by appellant, respondent and their respective advocates is taken on record and marked "X" for identification.

2/11 For ease of reference, consent terms is scanned and reproduced hereinbelow:

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9/11 Order in terms of consent terms. All undertakings accepted. All statement accepted as an undertaking to this court. The marriage between appellant and respondent is hereby dissolved by mutual consent. Decree be drawn up accordingly. Appellant and respondent once again informed the court that the

10/11 allegations against each other stand withdrawn. The authorisation in paragraph 1(e) by respondent-Kanchan R. Kharat to appellant - Pallavi K Kharat should be accepted by the concerned authorities to transfer respondent's share in the flat mentioned in the said paragraph in favour of appellant. By virtue of paragraphs 1(e) and 1(f), HDFC Bank shall transfer loan account in the name of appellant and all EMI and other charges after July 2022, i.e., from August 2022 shall be paid solely by appellant-Pallavi K Kharat and respondent- Kanchan R Kharat shall not be liable to HDFC Bank. HDFC shall have no claim against Kanchan R. Kharat for any dues against the flat mentioned in paragraph 1(e) for any amount payable from August 2022. Appellant - Pallavi K Kharat undertakes to sign all documents required for HDFC Bank to convert the account into her sole name and if there are any charges or penalty payable to, also pay for the same.

Saraswat Bank Ltd. shall issue the TDS certificate in favour of appellant-Pallavi K Kharat as provided in paragraph 1(k). Undertaking of Mr. Mangle on instructions from respondent-Kanchan R Kharat to withdraw the petition no.278 of 2014 pending in the court of CJSD, Pune, within two weeks from today, is accepted. Family Court Appeal accordingly stands disposed in terms of consent terms.

In view of the disposal of the Family Court Appeal, Interim

11/11 Application No.1044 of 2019 and Civil Application No.244 of 2019, do not survive and accordingly stand disposed.

(MILIND N. JADHAV, J.) (K.R. SHRIRAM, J.)