Dr. Joaquim Herlander Alvaro Ceolho Pereira, Rep. By Pt. No. 3 (Dec. Thr. 1(A) And 1(B))And 2 ORS., v. Camilo Menezes (Dec) Thr. His Lrs. And 2 ORS.,

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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.1655 OF 2022 (F) AND WRIT PETITION NO.689 OF 2019 WRIT PETITION NO.1655 OF 2022 (F) MERVIN MENEZES ....PETITIONER

Versus

DR. JOAQUIM HEERLANDAR ALVARO COELHO PEREIRA (DEC) THR. LRS. AND 4 ORS.

....RESPONDENTS Mr Chirag Ramniklal Shah, Advocate for the Petitioner. Mr R.G. Ramani, Senior Advocate with Mr S. Karpe and Ms S. Vaigankar, Advocates for Respondent No.1(a), 1(b), 2 & 3. AND WRIT PETITION NO.689 OF 2019 DR. JOAQUIM HEERLANDAR ALVARO COELHO PEREIRA (DEC) THR. LRS. AND 2 ORS. .... PETITIONERS

Versus

CAMILO MENEZES (DEC.) THR. HIS LR'S AND 2 ORS. .... RESPONDENTS Mr R.G. Ramani, Senior Advocate with Mr S. Karpe and Ms S. Vaigankar, Advocates for the Petitioners.

Mr Chirag Ramniklal Shah, Advocate for Respondent No.2.

CORAM:

M. S. SONAK, J.

DATE :

21st MARCH 2023 P.C. :

1.

The learned Counsel for the parties hand in Consent Terms in Writ Petition No.1655 of 2022(f) and submit that this petition as also the connected Writ Petition No.689/2019 and the Misc. Civil Applications in the two petitions can be disposed of by accepting the Consent Terms.

2.

The Consent Terms are taken on record and marked as 'X' for purposes of identification.

3.

Further, it is seen that the Consent Terms have been signed by the parties/Attornies and by their Advocates. Copy of Power of Attorney is also annexed to the Consent Terms. 4.

The petitioner is present in the Court. He states that he has signed these terms after understanding their full scope and impact. He admits that a cheque in an amount of 8,35,000/- has been delivered ₹ to him.

5.

The attorney for some of the respondents is also present.

6.

The Consent Terms are not opposed to public policy and based upon the same the two petitions can be disposed of. Paragraph 7 of the Consent Terms refers to disposal of Writ Petition No.689/2019 as well.

7.

The undertakings recorded in the Consent Terms are accepted as undertakings to this Court. Therefore, all parties will have to comply with the same.

8.

Thus, by accepting the above Consent Terms, Writ Petition No.1655/2022(f) and Writ Petition No.689/2019 are hereby disposed of. Similarly, the execution proceedings referred to in paragraph 8 of the Consent Terms are also disposed of as infructuous. The learned Counsel for the parties state that copy of these terms along with the order made by this Court will be filed in the said execution proceedings so that formal order is obtained for the disposal of the execution proceedings.

9.

The petitioner is granted liberty to withdraw the amount of 1,65,000/- deposited by him in this Registry along with interest, if ₹ any, that shall have accrued on this amount. This is in terms of the paragraph 3 of the Consent Terms.

10.

Both the petitions are disposed of in the above terms. All Misc. Civil Applications in these petitions also stand disposed of. M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.03.23 10:51:00 +05'30'

NITI K HALDANKAR