Suryabhan Baburao Thakar And ORS. v. Shri Nagesh Vasant Patne And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12482 OF 2016 Suryabhan Baburao Thakar and others ...
Petitioners Vs.
Nagesh Vasant Patne and another ...
Respondents WITH WRIT PETITION (ST.) NO.30090 OF 2016 Kisan Baburao Thakar and another ...
Petitioners Vs.
Nagesh Vasant Patne and others ...
Respondents Mr. Sugandh B. Deshmukh for Petitioners.
Mr. Sushil A. Inamdar for Respondents.
CORAM : R. G. KETKAR, J.
DATE :
FEBRUARY 23, 2017 P.C. :
Heard Mr. Deshmukh, learned Counsel for petitioners and Mr. Inamdar, learned Counsel for respondents in both the Petitions. 2.
Learned Counsel for the parties have tendered the consent terms signed by all the parties and their Advocates supported by the affidavits of the petitioners and respondents. Learned Counsel for the parties submit that Petitions may be disposed of in terms of the consent terms and the map annexed along with the consent terms may be treated as part of the order of this Court. They submit that after the matter is settled, parties have agreed to withdraw criminal and civil cases filed against each other.
3.
Mr. Deshmukh submits that petitioner No.7 in Writ Petition No.12482 of 2016, Mr. Navnath Kisan Thakar, who is also power of attorney holder of petitioner No.1 in Writ Petition (St.) No.30090 of 1/3
2016, is present in the Court. He has tendered photocopy of the identity card issued by Election Commission of India, which is taken on record and marked 'A' for identification. Mr. Inamdar states that respondent No.1, Mr. Nagesh Vasant Patne, in both the Petitions, is present in the Court. He has tendered photocopy of his ex-servicemen identity card, which is taken on record and marked 'B' for identification. Consent terms in Writ Petition No.12482 of 2016 is taken on record and marked 'C' for identification. Affidavits of (i) Suryabhan B. Thakar, (ii) Sahebrao S. Thakar, (iii) Bibhishan S. Thakar, (iv) Bhaiya S. Thakar, (v) Kisan B. Thakar, (vi) Dattatray K. Thakar, (vii) Navnath K. Thakar, (viii) Namdeo B. Thakar, (ix) Ranjeet N. Thakar, (x) Ankush N. Thakar and (xi) Lahu N. Thakar, who are petitioners No.1 to 11 in Writ Petition No.12482 of 2016, are taken on record and marked 'D colly.' for identification.
4.
Mr. Inamdar has tendered affidavits of - (i) Nagesh Vasant Patne and (ii) Asha Nagesh Patel, who are respondents No.1 and 2 in Writ Petition No.12482 of 2016. The same are taken on record and marked 'E colly.' for identification.
5.
Similarly the consent terms in Writ Petition (St.) No.30090 of 2016, signed by all the parties, is taken on record and marked 'F' for identification. Affidavits of (i) Kisan B. Thakar and (ii) Namdeo B. Thakar, who are petitioners No.1 and 2 in Writ Petition (St.) No.30090 of 2016, are taken on record and marked 'G colly.' for identification. Mr. Inamdar has tendered affidavits of - (i) Nagesh Vasant Patne, (ii) Asha Nagesh Patel, (iii) Ajinkya V. Patne and (iv) Arundhati A. Patne, who are respondents No.1. 3, 4 and 5 in Writ Petition (St.) No.30090 of 2016. The same are taken on record and marked 'H colly.' for identification. 2/3
6.
Petitioner No.7, Mr. Navnath Kisan Thakar and respondent No.1, Mr. Nagesh Vasant Patne, who are present in the Court, admit and confirm correctness of the consent terms.
7.
After going through the consent terms, I am satisfied that the controversy between the parties is lawfully settled in terms of the consent terms. In view thereof, Petitions are disposed of in terms of the consent terms. Maps annexed to the consent terms shall form part of this order. All the parties shall act upon the authenticated copy of this order. Order accordingly.
(R. G. KETKAR, J.) Minal Parab 3/3