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Bombay High CourtSA/65/2023disposed of

Sadashiv M. Naik (Dec) Thr. Lrs. v. Janki Vaman Palne (Dec) And ANR

2023-11-10Hon'Ble Shri Justice Valmiki Menezes2 pages

SA-65-23.doc Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO.65 OF 2023 SHRI SADASHIV M. NAIK AND ORS.

..... Appellants

VERSUS

JANKI PALNI AND OTHERS.

..... Respondents Mr Sandesh Padiyar with Mr Prayash Shirodkar, Advocates for the Appellants.

Mr Abhay Nachinolkar, Advocate for Respondents No. 1(a), 1(d), 1(e), 1(h), 1(k), 1(l),1(m) 1(n)(i), 1(n)(ii), 1(n)(iii), 1(n)(iv). CORAM :

VALMIKI SA MENEZES, J.

DATE :

10th November 2023 P.C. :

1.

Te parties to this second appeal have today produced consent terms, by which they have settled their differences in Regular Civil Suit No.312/2012/B(new), earlier registered as Special Civil Suit No.40/1997/A (old) before the Civil Judge, Jr. Division at Ponda. Te parties to the consent terms are present in the Court and have been identified by their respective Advocates. Te parties have recorded before the Court that they enter into the consent terms freely and without any coercion and willing to accept the terms stated therein. 2.

I have gone through the consent terms and ascertained that they appear to be fair to the contesting parties. Te consent terms are taken on record and marked "X" for identification. Te consent terms seek 10/11/2023

SA-65-23.doc to allot the area under Plot 'B' in Annexure "A-colly" to the Respondents. Tese two plots are namely Plot 'B' having an area of 4820 sq. metres bearing Survey No.32/11 and Plot 'B' of Survey No.29/2, admeasuring 2800 sq. metres, both of Village Betki Ponda. Te balance area of the suit property which comprises plot 'A' is allotted to the Appellants.

3.

Consequently, the judgments and decrees of the Courts below shall stand substituted by the consent terms which are taken on record today, in which terms a fresh decree would be drawn by the Registry of this Court.

4.

Te Appeal is disposed of in terms of the consent terms. Decree to be drawn up accordingly.

VALMIKI SA MENEZES, J.

SANTOSH S MHAMAL Date: 2023.11.10 17:02:47 +05'30'

SANTOSH S MHAMAL 10/11/2023