Gopal Bherumal Wadhwa v. Ramesh Rijumal Rohara

4-sa-631-11 with cas-1348-16 with cas-296-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.631 OF 2011 Gopal Bherumal Wadhwa (Since Deceased) Through Lrs.

Leena Gopal Wadhwa & Ors.

..Appellants Vs.

Ramesh Rijumal Rohara ..Respondent WITH CIVIL APPLICATION NO.1348 OF 2016 Nilam Kamble by Nilam Kamble Date: 2021.03.05 17:29:08 +0530 WITH CIVIL APPLICATION NO.296 OF 2015 Ramesh Rijumal Rohara ..Applicant Vs.

Shri.Gopal Bherumal Wadhwa (Since Deceased) Through Lrs.

Leena Gopal Wadhwa & Ors.

..Respondents ---- Mr.Vijay Killedar for the Appellants.

Mr.Tejas D. Deshmukh a/w Mr.Sagar M. Kurssija i/b Mr.Samrat K. Shinde for the Respondents.

---- CORAM : C.V. BHADANG, J.

DATE : 05th MARCH 2021 P.C.:

1.

The parties have produced consent terms, along with supporting affidavits, which are taken on record and marks 'x' for identification (collectively). The consent terms are signed by the N.S. Kamble page 1 of 2

4-sa-631-11 with cas-1348-16 with cas-296-15 parties and their counsel. The parties are personally present before the Court and they admit the correctness of the contents thereof. 2.

The appellants are the original defendants. The respondent (Original plaintiff) had filed a suit for declaration in respect of Shop No.498 which suit was decreed and that was confirmed in appeal. Now as per the consent terms the plaintiff has agreed to surrender the suit shop No.498 in favour of the defendants.

3.

I have heard the learned counsel for the parties. In that view of the matter, the impugned judgment and decree is hereby set aside. The appeal is disposed of in view of the consent terms. In the circumstances, there shall be no order as to costs. Decree be drawn accordingly.

C.V. BHADANG, J.

N.S. Kamble page 2 of 2