Mrs. Kavita Kunda Chandwadkar And ANR. v. Mr. Kundan Chandrakant Chadwadkar

1 of 2 CAM.434.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.434 OF 2014 IN FAMILY COURT APPEAL (STAMP) NO.30935 OF 2014 Kavita Kundan Chandwadkar and another Applicants versus Kundan Chandrakant Chandwadkar Respondent Mr.Amey Deshpande i/by Mr.J.D.Khairnar for Applicants. Ms.Smita R. Gaidhani for Respondent.

CORAM : A.S.OKA AND P.D.NAIK, JJ.

DATE : 4 th May 2016 PC :

1.

Learned counsel appearing for the Respondent-husband tenders on record the certified copy of consent terms filed by and between the Applicants and the Respondent in Regular Civil Suit No.80 of 2012 in the Court of Civil Judge, Junior Division, at Malegaon. The Respondent has also produced certified copy of purshis dated 5 February 2016 filed by the first Applicant and the Respondent and their advocates praying for disposing of the said suit in terms of the consent terms dated 5 February 2016 at Exhibit-119. The certified copy of the plaint is produced which shows that on 5 February 2016, learned Trial Judge has disposed of Regular Civil Suit No.80 of 2012 in view of the

2 of 2 CAM.434.2014 compromise. Learned counsel for the Respondent states that the compilation of these documents is handed over to her by the Respondent, who is personally present in the Court. The compilation is taken on record and marked "X-1 (collectively)" for identification. Clause-D of paragraph 6 of the consent terms dated 5 February 2016 provides that the first Applicant agreed to withdraw the present Civil Application. The consent terms record settlement of all disputes including the dispute regarding maintenance as well as custody of the second Applicant. 2.

Learned counsel appearing for the Applicants states that he has not received any instructions on this aspect. 3.

In view of the aforesaid clause in the consent terms, this application will not survive and accordingly the same is disposed of.

(P.D.NAIK, J.) (A.S.OKA, J.) MST