Mr. Deshraj A. Singala v. Smt. Kusumdevi Ramniwas Yadav And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO.24370 OF 2018 ALONG WITH CIVIL APPLICATION NO.3172 OF 2018 AND CIVIL APPLICATION NO.3174 OF 2018 Deshraj A. Singala .... Appellant-Applicant V/s.

Kusumdevi Ramniwas Yadav and Ors.

.... Respondents Ms. Gaurangi Patil, I/by M/s. GP & Associates, for the AppellantApplicant. Ms. Chandrika Prajapati, a/w. Mr. Upendra Yadav and Mitu Yadav, for Respondent Nos.1 to 5.

CORAM

: DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 4 TH OCTOBER, 2018.

P.C. :

1.

Heard Ms. Patil, learned counsel for the Appellant-Applicant, and Ms. Prajapati, learned counsel for Respondent Nos.1 to 5. 2.

Civil Application No.3172 of 2018 is filed by the AppellantApplicant seeking condonation of delay in preferring the First Appeal. The delay is of 1 year and 157 days. Learned counsel for Respondent Nos.1 to 5 has no objection in allowing this Civil Application. 3.

Hence, for the reasons stated in the Civil Application, it is allowed. The delay is condoned.

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4.

By consent, the First Appeal is taken up for final disposal in view of the 'Consent Terms' tendered before the Court. 5.

Appellant is present in person before the Court, along with his Advocate. Respondent Nos.3 and 5 are present before the Court, along with their counsel. They submit that the matter is amicably settled between the parties and in view of the said settlement, AppellantDeshraj Singala to pay Respondent Nos.1 to 5 herein the amount of Rs.1,00,000/-, aggregating to Rs.5,00,000/-, by way of 'Demand Draft', payable at Mumbai. Accordingly, the 'Demand Draft' is drawn and it is filed along with the 'Consent Terms'.

6.

In view thereof, the 'Consent Terms' are taken on record, read and marked as "X" for the purpose of identification. The 'Decree' be drawn in terms of the 'Consent Terms'.

7.

The amount of compensation, which is deposited by the Appellant in pursuance of the order passed by this Court, while granting the stay, be repaid to the Appellant.

8.

First Appeal, along with Civil Applications thereto, stands disposed off in terms of the 'Consent Terms'.

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