Parwatibai Mithaji Kavle And ORS v. Amrut M.Kharatmal(Decd)Lrs Anusayabai And ORS

18-SA-426-2000

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

Pooja K.

BENCH AT AURANGABAD SECOND APPEAL NO. 426 OF 2000 WITH CIVIL APPLICATION NO. 4043 OF 2000 IN SECOND APPEAL NO. 426 OF 2000 Parwatibai Mithaji Kavle and Ors.

... Appellants

Versus

amrut Majaji Kharatmal and Ors.

... Respondents ...

Mr. P.F. Patni - Advocate for Appellant No.2 Mr. S.V. Natu - Advocate for Appellant Nos.2, 3/1 to 3/3 Mr. R.N. Borulkar - Advocate for Respondent Nos.1 to 3 ....

CORAM : GAURI GODSE, J.

DATE : 17th January, 2023 PER COURT :

1.

Learned counsel appearing for the parties have tendered consent terms on record. The consent terms are dated 28th December, 2022, the same are signed by appellant nos.2, 3/1 to 3/3, respondent nos.2 and 3. Consent terms are also signed by the respective advocates.

2.

There are affidavits of parties who have signed consent terms which are attach to the consent terms. Appellant no.2 as well as appellant no. 3/1 are present in the court and they are identified by their advocates. Appellant no.3/2 was present in the court and 1/2

18-SA-426-2000 signed the consent terms as stated by his advocate. Appellant no.3/3 is minor and is represented by mother - appellant no.3/1. The consent terms provide that, appellant no.3/1 has signed consent terms stating that, the terms in the consent terms are in the interest of minor. Consent terms are admitted by the parties who have signed the consent terms. Consent terms are taken on record and marked as 'X' with todays' date, for identification. 3.

Second appeal is disposed of in terms of consent terms. 4.

Learned counsel appearing for the parties state that in view of consent terms, judgment and decree passed by the District and Session Judge, Aurangabad in Regular Civil Appeal No. 182 of 1994 stands modified.

5.

Decree of the Second Appeal be drawn up accordingly. 6.

No order as to costs.

7.

In view of the disposal of the Second Appeal, pending Civil Application stands disposed of.

[ GAURI GODSE, J. ] 2/2