Chandrakant Bango Pitambare v. Parag Satishchandra Parekh And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8552 OF 2013 Chandrakant Bango Pitambare : Petitioner.

Versus

Parag Satishchandra Parekh since deceased through LRs Mrs. Deepti Parag Parikh and ors.

: Respondents.

ALONG WITH WRIT PETITION NO.1667 OF 2015 Mrs. Deepti Parag Parikh and ors.

: Petitioners.

Versus

The Hon'ble Member Maharashtra Revenue Tribunal and anr.

: Respondents.

Mr. Milind Parab i/by Milind Parab & Associates for the Petitioner in Writ Petition No.8552 of 2013 and for the Respondent No.2 in Writ Petition No.1667 of 2015 Mr. Darshan R Mehta i/by M/s. Dhruve Liladhar & Co. for the Petitioners in Writ Petition No.1667 of 2015 and for the Respondent No.2 in Writ Petition No.8552 of 2013.

CORAM :

S. S. SHINDE, J DATE :

19th March 2019 P.C.

The learned counsel appearing for the Respondent has tendered across the bar the Consent Terms bearing today's date i.e. 19/03/2019 duly signed by Petitioner in Writ Petition No.8552 of 2013 - Chandrakant Bango Pitambre and Respondent No.2 in Writ Petition No.8552 of 2013 Tushar Parikh. The Consent Terms are also filed by the respective advocates for the

parties. The same are taken on record and marked "X" for identification. The Petitioner and Respondent are present in Court. They are identified by their respective advocates. On specific query being put forth to the Petitioner and Respondent, they stated that it is their voluntary act to enter into the Consent Terms. They further stated that they have fully understood the contents of the Consent Terms and they have signed the said Consent Terms of their own free will and volition without any undue influence or coercion.

The learned counsel for the Petitioner and the Respondent jointly pray that in the light of the Consent Terms, both the Petitions may be disposed of.

There is a reference to the legal heirs of the Respondent in clause

(6) of the Consent Terms. It is stated that the legal heirs of the Respondent agreed to abandon their claim over 35 gunthas of suit land bearing Survey No.18/1 Pai (New Survey No.18/1/B).

The learned counsel for the parties have jointly submitted that no interest of any third party is involved in the subject land.

In view of the Consent Terms arrived at between the parties, both the above Petitions stand disposed of.

[S. S. SHINDE , J]