Kaushik Aroonkumar Patel v. Dushyant Aroonkumar Patel

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 582 OF 2014 Kaushik A Patel ...Plaintiff

Versus

Dushyant A Patel ...Defendant WITH NOTICE OF MOTION NO. 1248 OF 2014 IN SUIT NO. 582 OF 2014 Mr YS Bhate, for the Plaintiff.

Mr Hemang S Raythattha, i/b RMG Law Associates, for Defendants Nos.1 and 5 to 8.

Dhanashree Bhate, for Defendants Nos. 2 to 4. Mr Dushyant A Patel, Defendant No.1 present.

Mr Parthiv Pathak, Constituted Attorney of Defendants Nos. 2 to 4 present.

CORAM:G.S. PATEL, J DATED: 13th October 2021 PC:- ARUN RAMCHNDRA SANKPAL 1.

Leave to amend in terms of the draft tendered, taken on ARUN RAMCHNDRA SANKPAL Date: 2021.10.14 09:48:54 +0530 record and marked 'X' for identification with today's date.

2.

Amendments to be carried out within one week from today, without need of reverification.

3.

The parties have settled their disputes. Consent Terms are tendered. The Consent Terms are taken on record and marked 'X1'

for identification with today's date. These are signed by the Plaintiff and all the Defendants. The 5th Defendant has signed for herself and on behalf of Defendants Nos. 6, 7 and 8. The Advocates for the respective parties have also signed. The representatives of the parties are present. I am satisfied that the Consent Terms are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions. 4.

The undertakings, if any, in the Consent Terms being accepted as undertakings to the Court.

5.

The Suit is decreed and disposed of in accordance with the Consent Terms.

6.

All pending Applications are infructuous and disposed of accordingly.

7.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

8.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

9.

Drawn up decree/order is dispensed with. However, liberty to the parties to apply for a drawn up decree/order, if required.

10. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

11. To effect the property transfers contemplated in the Consent Terms, liberty to the parties to present a certified or authenticated copy of these Consent Terms and a certified or an authenticated copy of this order before the Collector of Stamps or Sub-Registrar of Assurances, if required.

of this order.

(G. S. PATEL, J)