Bombay High CourtSA/304/2014compromisedconsent terms

Mandabai Babasaheb Kul And Others, Through Their P.O.A. Shri Balasaheb Sahebrao Kul v. Shri Kisan Shankar Purane, Since Deceased By His Legal Heirs, Smt Shantabai Kisan Purane And Others

2018-02-01Hon'Ble Shri Justice Nitin Jamdar2 pages

P.H. Jayani 901 SA 304.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION SECOND APPEAL NO. 304 OF 2014 with CIVIL APPLICATION NO. 765 OF 2014 with CIVIL APPLICATION NO. 1115 OF 2016 with CIVIL APPLICATION NO. 1116 OF 2016 with CIVIL APPLICATION NO. 1118 OF 2016 with CIVIL APPLICATION NO. 1117 OF 2016 in SECOND APPEAL NO.304 OF 2014 Madanbai Babasaheb Kul & Ors.

...Appellants/Applicants.

V/s.

Shrirang Kisan Purane & Ors.

....Respondents.

Mr. Sandeep Salunkhe for the Appellants/Applicants. Mr. P.H. Bhoite for Respondent No.1B.

CORAM : N.M. Jamdar, J.

DATE : 01 February, 2018.

P.C. :- The learned counsel for the parties states that the appellants and respondent nos.1B, 1C and 1D have resolved their dispute and have prepared consent terms. Learned counsel states that respondent

P.H. Jayani 901 SA 304.14.doc nos.2 to 10 are not necessary for the present consent terms and for disposal of the appeal and seek leave to delete respondent nos.2 to

10. The deletion of respondent nos.2 to 10 is granted at the risk and consequence of the appellants and respondent nos.1B, 1C and 1D. 2.

It is obvious that anything agreed in this consent terms will not bind the deleted parties and those who are not party to the consent terms. Neither the consent terms will permit the parties to override any provision of law. In the consent terms, it appears that the parties have agreed for distribution of the property inter se in a particular manner. The learned counsel for the parties states that they have annexed identity documents of the parties to the consent terms. Consent terms are taken on record and marked 'X' for identification. The Second Appeal is disposed of in terms of consent terms. The amendment to be carried out within a period of two weeks from today. All the above Civil Applications also stand disposed of. (N.M. Jamdar, J.)