Bertha Ricardina Fernandes v. Armindo Braganza And 4 ORS

Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO.24/2022 WITH CIVIL APPLICATION NO.28/2022 BERTHA RICARDINA FERNANDES ... APPELLANT

Versus

ARMINDO BRAGANZA AND 4 ORS.

... RESPONDENTS Mr. Ashwin Bhobe with Ms. A. Fernandes, Advocates for the Appellant.

Mr. N. N. Sardessai, Senior Advocate with Mr. S. Fadte, Advocate for the Respondents.

CORAM:

M. S. SONAK, J.

DATED:

P.C.:

1.

Learned counsel for the parties hand in consent terms which are taken on record and marked as 'X' for identification. 2.

Consent terms have been signed by the appellant and her husband and respondent nos.1 and 2. The learned counsel point out that the remaining respondents were only formal parties and

will in no manner be prejudiced by the settlement of disputes between the appellant and respondent nos.1 and 2. 3.

The consent terms have also been signed by the advocates for the appellant and respondent nos.1 and 2. The advocates have not only identified the parties but stated that they have explained the terms to their respective parties. 4.

The signatories to the consent terms i.e. the appellant Mrs Bertha Fernandes and her husband Mr Martinho Jose Fernandes are present in the Court. So also, Mr Armino Braganza and Mrs Jovita Braganza - respondent nos.1 and 2 are present in the Court. They say that they have read and understood the consent terms and have willingly signed the consent terms after being explained their entire scope and import.

5.

The consent terms are imminently fair and in my judgment, this agreement should have been arrived at by the parties no sooner they instituted the suit. Be that as it may, now that the parties have sorted out their differences on terms which are favourable to both the parties, the consent terms deserve to be accepted and this appeal disposed of based on the consent terms.

6.

Accordingly, the consent terms are accepted and this appeal is disposed of in terms of the consent terms. A decree in terms of the consent terms to follow. Accordingly, the impugned decree dated 11.10.2021 passed in Regular Civil Appeal No.137/2018 is 18.11.2008 Correction carried out as per order dated 10.02.2023 in MCA No.282/2023 (Filing) in Second Appeal No.24/2022.

set aside and the Sale Deed dated 18.11.2018 is restored. There shall now be a decree in terms of the consent terms. 7.

Civil Applications, if any, do not survive and the same are also disposed of.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL SUCHITRA NANDAN SINGBAL Date: 2023.02.13 15:39:56 +05'30'