Kirit Kantilal Jethava v. State Of Maharashtra And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO 11876 OF 2023 Mr. Kirit Kantilal Jethva . ..Petitioner
Versus
State of Maharashtra & Ors.
. . .Respondents _ CONSeNT 'T£Rpts The Petitioner and Respondent Nos. 4 and 5 along with the elder brother of the Petitioner, Mr. Rajendra Kantilal Jethava, and his wife, Mrs. Dharmishta Rajendra Jettlava, and the mother of the Petitioner, Mrs. Taraben Kantilal Jethava, have amicably aTived at the following arrangement. The arrangement as agreed is as follow;
1. The Petitioner and his brother Mr. Rajendra Kantilal Jethava are lawful owners having 50% share each in respect of GaIa No 121 situated at 1;t floor building no. 5, Real Industrial Estate, Valiv, Vasai (East) DistThane now Palghar, Maharashtra.
2. The Petitioner and his mother Mrs. Taraben Kantilal Jethava are lawful joint owners in respect of GaIa No 215, situated at 2nd Floor of Bhola Bhagwan Industrial Estate, 1. B. Patel Road, Goregaon East, Mumbai 400063 .
3. The Petitioner has filed a suit bearing No. 201893 of 2019 before Hon'bIc City Civil Court, Dindoshi to restrain Respondent No 4 (Father) from selling, disposing of Flat No G/701, 7th Floor, Ekta
i Bhoomi Garden, Phase 1, Dattapada Road, Near Sai Sell/ices, Borivali East Mumbai-400066, which is pending.
4. Mrs. Taraben Kantilal Jethava has filed D. V Complaint bearing No. 297/DV of 2018 before Metropolitan Magistrate Court at Borivali against Mrs. Shilpa Kirit Jethva i.e Respondent No 5 and Kirit Kantilal Jethava i.e Petitioner which is pending.
5. The Petitioner has filed the present Petition against the order dated 5-72023 passed under The Maintenance and welfare of Parents And Senior Citizen Tribunal Act, for vacating the Flat No. G-701, 7th Floor, Ekta Bhoomi Garden, Phase 1, Dattapada Road, Near Sai Services, Borivali East Mumbai-400066 by the Petitioner and his wife i.e. Respondent No.5. During the pendency of the above petition, the Petitioner vacated the said flat along with his family (wife and son) on 17.09.2023 and with their belongings.
6. It is agreed by the parties that the Petitioner took away 3 Kgs of Silver and a Gold bracelet and a gold ring belonging to Respondent No. 4, which has been given to the Petitioner and his wife by Respondent No.4 out of natural love and affection.
Subsequently, after successful mediation, on 6.10.2023, all the remaining belongings of the Petitioner and his family have been handed over to him, the receipt of which has been acknowledged by the Petitioner in the Pa7tchaytama drawn on 06.10.2023 .
7. The Petitioner and his wife Mrs. Shilpa Kirit Jethava have agreed to relinquish their right, share and interest in Flat No G/701, 7th Floor, Ekta Bhoomi Garden, Phase 1, Dattapada Road, Near Sai Services,
t Borivali (East) Mumbai-400066. Accordingly, Petitioner undertakes to withdraw the Suit No 201893 of 2019 filed and pending before Hon'ble City Civil Court, Dindoshi on signing and execution of the present consent terms .
8. Mr. Rajendra Kantilal Jethava undertakes to transfer his 50% share in Gala No Gala No 121 situated at lst floor building No. 5, Real Industrial Estate, Valiv, Vasai(East) Dist- Thane now Palghar, Maharashtra, in favor of the Petitioner by executing a Gift Deed in favor of Petitioner. Accordingly, Mr Rajendra Kantilal Jethava undertakes to execute Gift Deed in favor of the Petitioner within three months eoIn signing of the present consent turns. The cost to be incuITed for filing and registration of Gift Deed will be shared equally by Mr. Rajendra Kantilal Jethava and the Petitioner.
9. It is agreed between the parties to sell Gala No 215, situated at 2nd Floor of Bhola Bhagwan Industrial Estate, I. B. Patel Road, Goregaon (East), Mumbai 400063 (Hereinafter referred to as Goregaon GaIa) belonging to Mrs. Taraben Kantilal Jethava and the Petitioner jointly. On sale of the said Gala, parties to the present consent term undertake to transfer sum amount of Rs 43,00,000/- (Rupees Forty-Three Lakhs Only) being part of the total sale consideration in favor of Petitioner. 10.Petitioner undertakes to provide necessary co-operation required for sale of said Goregaon Gala. Further Petitioner on signing of present consent terms undertakes to withdraw complaint letters objecting to sale of said gala been filed by him before Bhola Bhagwan Industrial Estate Society to enable the sale of said Goregaon Gala.
11.During the pendency of sale of said Gala, Respondent No. 4 undertakes to provide temporary accommodation for residence to Petitioner and his wife and grandson. In fulfilment of the said undertaking, and on immediate signing of the present consent terms, Respondent No. 4 undertakes to pay to the Petitioner a sum of Rs 15,000/- (Rupees Fifteen Thousand) towards the rent amount towards one month's rent along with security deposit amount of Rs 2, 00,000/- (Rupees Two LaI<hs Only) to enable the Petitioner and his family to find an alternate place of residence.
12.Respondent No.4 undertakes to pay sum amount of Rs 15,000/- (Rupees Fifteen Thousand) to the Petitioner being temporary accommodation by 10th day of every month until the sale of said Goregaon gala aTrd transfer of part consideration amount of Rs 43,00,000/- (Rupees Forty Three Lakhs Only) in favor of the Petitioner .
13.Petitioner and his wife Mrs. Shilpa Kirit Jethava undertake not to claim from Respondent No.4 the said monthly amoUnt of Rs 15,000/- (Rupees Fifteen Thousand) on sale of said Goregaon gala and on receipt of sum amount of Rs 43 ,00,000/- (Rupees Forty-Three Lakhs Only). 14.It is agreed by the parties, that on execution of the present consent terms, Mrs. Taraben Kantilal Jethava undertakes to withdraw D. V Complaint No 297/DV of 2018 filed before Metropolitan Magistrate Court at Borivali against Mrs. Shilpa Kirit Jethva i.e. Respondent No 5 and the Petitioner
15.It is unambiguously and without demtlr agreed by the parties that, since the issues have been settled amicably between the family members of Jethva's, the other legal heirs of Respondent No. 4, more particularly, Rajendra Kantilal Jethava, being the elder brother of Petitioner, his wife, Mrs. Dharmista Rajendra Jethava, and IVhs. Taraben Kantilal Jethava, the mother of Petitioner, who are though not impleaded as party to the instant Its , have agreed to sign the present consent terms in order to scuttle down initiation of further litigation in fbture.
16 Petitioner and his family undertake that this is a full and final settlement with respect to all the movable and immovable properties including all the existing as well as the properties that may be acquired in future by Respondent No. 4 and Mrs. Taraben and that they shall not be entitled to any other movable and immovable properties belonging to the Respondent No. 4 and Mrs. Taraben Kantilal Jethva, of what so ever nature in future.
17 The undertaking given by the respective parties in English is been explained to them in Gujarati/Hindi by their respective advocates. 18 The undertakings given by the respective parties are duly accepted by this Hon'bIc Court.
\ BIp 19 The writ petition is disposed of in terms of these minutes of order.
Dated this on 25th day of October 2023 /f&j{\p\"'o Advocate for the Petitioner ]-a thavd A;ITt A Petitioner Advoc ite for )<. a- a7hkQ Respondent No.4 Identified by me, Chi t F', Ktrit 'TeV\Quot (Shilpa Kirit Jethva) (Respondent No. 5) Advocate, High Court.
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' IN THE FnGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE IURISDICTION WRIT PETITION NO 11876 OF 2023 Mr. Kirit Kantilal Jethva ...Petitioner
Versus
State of Maharashtra & Ors.
. ... Respondents MIIVtJTES OF ORDER Dated this 25th Day of October, 2023