Karbhari Anaji Kumbhar (Since Deceased Thr. Legal Heirs) v. Smt. Chandrabhagabai Karbhari Kumbhar (Jondhale)

1 1 SA 716 -14 w CAS 1670-14 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION SECOND APPEAL NO. 716 OF 2014 Along with CIVIL APPLICATION NO.1670 OF 2014 With SECOND APPEAL NO. 303 OF 2014 Karbhari Anaji Kumbhar Since Deceased Through His Legal Heirs and Representatives:- 1-a Smt.Rambhabai Karbhari Jondhale & ors.

... Appellants V/s.

Smt.Chandrabhagabai Karbhari Kumbhar (Jondhale) & ors.

... Respondents.

Mr.P.N.Joshi a/w Mr.Pratik Rahade, for Appellants in S.A No.716 of 2014 and Applicants in C.A No.1670 of 2014.

Ms.Divya Parab i/b Mr.R.N.Gite, for Appellant No.1 in S.A.No.303 of 2014.

Mr.Sachin Gite, for Respondent Nos.1 & 2 in S.A No.716 of 2014 and Respondent No.1 in S.A.No.303 of 2014.

Coram : N.M. Jamdar, J.

Wednesday 15 June, 2016.

P.C. :- By order dated 16 March 2016, these two Appeals were referred for mediation. The learned Judge Mediator (District Judge-1 and Additional

2 1 SA 716 -14 w CAS 1670-14 .doc Sessions Judge, Niphad) has reported that the mediation has been successful and the parties have executed Consent terms. The learned Judge Mediator has stated the Consent terms have been signed by the concerned parties before him. The learned counsel for the parties confirms this position.

2.

The learned counsel for the parties state that in the Consent terms, however, the number Second Appeal 2663 of 2010 is incorrectly mentioned and it should be Second Appeal No.303 of 2014. 3.

Both the Appeals are accordingly disposed of in terms of the Consent terms which are placed on record along with the report of the Judge Mediator. The decree passed which is subject matter of both these Appeals will stand modified in terms of the Consent terms and Judgment and decree will stand substituted by Consent terms. The decree will be drawn as per the Consent terms.

4.

The Civil Application also stands disposed of. 5.

The efforts taken by learned Judge Mediator are appreciated. (N.M. Jamdar, J.)