Abdul Latif Abdul Kadir Bhatkar And Others v. Sarpanch, Gram Panchayat Bhate

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.01.18 09:48:31 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL SECOND APPEAL NO.653 OF 2018 Abdul Latif Abdul Kadir Bhatkar & Anr.

...Appellants

Versus

Sarpanch, Gram Panchayat Bhatye

...Respondent

Mr. Sachindra B. Shetye, for the Appellants.

Mr. Sandesh M. Bhatkar, for the Respondent.

CORAM : MADHAV J. JAMDAR, J.

DATED : 12th JANUARY 2023 P.C. :

1.

Heard Mr. Sachindra Shetye, learned counsel appearing for the Appellants and Mr. Sandesh Bhatkar, learned counsel appearing for the Respondent.

2.

Both the learned counsel state that the parties have amicably settled the dispute and the Consent Terms are arrived at between the parties. The Consent Terms tendered by both the learned Advocates are taken on record and marked 'X' for identification.

3.

Mr. Sachindra Shetye, learned counsel appearing for the 1/3

Appellants states that Appellant No.1 is present in Court. 4.

The Respondent is Sarpanch of Grampanchayat, Bhatye, Taluka and District Ratnagiri. The said Grampanchyat has passed resolution dated 18th July 2022. It is annexed as Annexure-I to the Consent Terms.

5.

In view of the Consent Terms and as Grampanchyat Bhatye has passed the resolution dated 18th July 2022, Mr. Shetye on instructions of the Appellants states that impugned Judgments and Decrees be modified and the Regular Civil Suit No.71 of 2009 be decreed in terms of the Consent Terms. 6.

In view of the Consent Terms, the Judgment and Decree passed in Regular Civil Suit No.71 of 2009 as well as Regular Civil Appeal No.85 of 2012 do not survive and the same are quashed and set aside. Said Regular Civil Suit No.71 of 2009 is decreed in terms of the Consent Terms. The Appellants and the Respondent to abide by the Consent Terms and also to abide by the Resolution passed in Grampanchayat meeting dated 18th July 2022 within time limit as provided in the Consent Terms. 7.

The undertakings given in the Consent Terms are accepted.

2/3

8.

The Second Appeal is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 3/3