Laxman Tatoba Redkar And 5 ORS v. Domingos C Monteiro (Since Deceased) Thr. Lrs And 18 ORS

2025:BHC-GOA:1229 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.280 OF 2025 LAXMAN TATOBA REDKAR AND 5 ORS ... PETITIONER

Versus

DOMINGOS C MONTEIRO (SINCE DECEASED) THR. LRS AND 18 ORS ... RESPONDENT Mr. Vilas P. Thali with Mr. Rajdeep Prabhugaonker and Mr. Rasik Borkar, Advocates for the Petitioner.

Ms. D. Kerkar, Advocate for Respondent Nos. 5 to 10, 12(a) to 12(f) and 13.

CORAM:- VALMIKI MENEZES, J.

DATED :- 16th July, 2025 ORAL ORDER:

1. Registry to waive objections and register the matter.

2. By order dated 27.06.2025, this Court recorded that the parties had arrived at the Consent Terms and had taken a draft of the Consent Terms on record.

3. Along with the draft of the Consent Terms, an affidavit of Petitioner Nos. 4 to 6 was also placed on record and marked 'X' for identification. By this affidavit, the Petitioners undertook to vacate the premises, which is one of the three compartments which is described

as "(Rented Premises)" forming part of a larger house bearing H. No.3E/3-24 situated in the land under survey No. 82 of village Guirim.

4. Pursuant to the order of 27.06.2025, all parties have signed and presented Consent Terms dated 16.07.2025. The Petitioners are present in person in the Court and have identified their signature on the Consent Terms.

5. Respondent Nos. 9 and 10 have appeared through Video Conferencing, since they are residents of New Zealand and have also recorded their consent to the Consent Terms. They have also signed the Consent terms as Respondent Nos. 9 and 10 against their names.

6. Petitioner Nos. 4, 5 and 6 are personally present in the Court and have identified their signatures on the Consent Terms. Petitioner Nos. 1, 2 and 3 have expired.

7. All parties record that they have signed the Consent Terms free from any coercion or any undue influence. On going through the Consent Terms, the terms recorded therein appear to be fair. According to the Consent Terms, Petitioner Nos. 4, 5 and 6 are required to vacate the aforementioned premises by 31.12.2025, in terms of an undertaking dated 26.06.2025 filed before this Court which is accepted. They shall vacate the suit premises and hand over the keys of the suit premises by depositing the same before the Executing Court

i.e. the Civil Judge Junior Division at Mapusa dealing with Regular Execution Application No. 1/2023/D. An intimation of deposit of keys and handing over of the vacant possession shall be given to the learned Advocate appearing for the Respondents herein i.e. Decree Holder in Execution Application No. 1/2023/D.

8. The Consent Terms dated 16.07.2025 are taken on record and marked 'X' for identification. A copy of these Consent Terms shall be filed before the Executing Court, who shall ensure that the possession is handed over to the Respondents/Decree Holders by 31.12.2025.

9. In this view of the matter, Writ Petition stands disposed of in terms of the Consent Terms. No costs.

VALMIKI MENEZES, J.