Dinkar Arjun Tilekar And Another v. Balasaheb Raghunath Zagade

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

SGA BENCH AT AURANGABAD SECOND APPEAL NO. 149 OF 2015 WITH CIVIL APPLICATION NO.3753 OF 2020 WITH CIVIL APPLICATION NO.7678 OF 2015 WITH CIVIL APPLICATION NO.15068 OF 2022 IN SECOND APPEAL NO. 149 OF 2015 Dinkar Arjun Tilekar (Died) Through L.Rs.

Dilip Dinkar Tilekar and others.

... Appellants

Versus

Balasaheb Raghunath Zagade ... Respondent ...

Mr.V.S. Bedre - Advocate for Appellant Nos.1-A to 1-E. Mr.Sanket S. Kulkarni - Advocate for respondent. ....

CORAM : GAURI GODSE, J.

DATE : 03rd March, 2023 PER COURT :

1.

Learned counsels appearing on behalf of both the parties have tendered Consent Terms dated 3rd March, 2023, signed by both the parties as well as their respective advocates. The parties are identified by their respective advocates and the parties who have signed the Consent Terms are present in the court. The learned 1/3

counsels appearing on behalf of both the parties confirmed that they have read over and explained the terms of Consent Terms to the parties. Both the parties accept the terms of Consent Terms.

2.

The Consent Terms dated 3rd March, 2023 is taken on record and marked as "X" for identification, with today's date. 3.

In view of clause 4 of the Consent Terms, the appellants are permitted to delete the names of appellant Nos.1-B to 1-E. Leave granted. Amendment to be carried out forthwith. 4.

As per the agreed terms as stated in the Consent Terms, Respondent is permitted to withdraw the amount of Rs.13,50,000/- from the amount deposited in this Court. 5.

Appellant No.1-A is permitted to withdraw the balance amount with accrued interest.

6.

The Second Appeal is disposed of in terms of Consent Terms. 7.

Decree be drawn up in terms of Consent Terms. 8.

The learned Registrar (Judicial) to ensure that hard copy of the Consent Terms is permanently retained with the Second Appeal, as part of record and is not sent for destruction in ordinary course.

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9.

In view of disposal of main Second Appeal, all pending Civil Applications to stand disposed of as infructuous. [ GAURI GODSE, J. ] 3/3