Sudhabhai Madhu Sudan Sawant And ANR., v. Jose Maria Antonio Agnelo Lourdes Martins.,

Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.784 OF 2019 SUDHABHAI MADHU SUDAN SAWANT AND ANR.

... PETITIONERS

Versus

JOSE MARIA ANTONIO AGNELO LOURDES MARTINS ... RESPONDENT Ms Gautami Kamat, Advocate U/LAS for the Petitioners. Mr Abhijeet Kamat, Advocate for the Respondent .

CORAM:

M. S. SONAK, J.

DATED:

27th April 2023 P.C.:

1.

Ms Gautami Kamat, learned counsel under the Legal Aid Scheme for the petitioners and Mr Abhijeet Kamat, learned counsel for the respondent hand in consent terms which are taken on record and marked as 'X' for identification. 2.

The consent terms are signed by Mr Anil Sawant, petitioner no.2 for self and as power of attorney holder for his mother,

petitioner no.1 (Sudhabai). The consent terms are also signed by Mrs Viveca Das Angustias Fernandes e Martins, respondent's wife and duly constituted power of attorney holder. The power of attorney is also annexed. Mr Anil Sawant has undertaken to file a true copy of his mother's power of attorney within a week from today. This undertaking is accepted.

3.

The advocates for the parties have also signed the consent terms and identified the signatures of the parties/their attorneys. 4.

Mr Anil Sawant is present in the Court. So also Mrs Viveca Das Angustias Fernandes e Martins, the attorney for the respondent is also present in the Court. Both the parties state that they have voluntarily signed these terms after understanding their full scope and import.

5.

To the consent terms is annexed a draft agreement which is also to be treated as a part of the consent terms. 6.

The undertakings given by the parties in the consent terms are accepted as undertakings to this Court. Therefore, all parties will have to abide by such undertakings.

7.

The consent terms are not contrary to the public policy and they equitably sort out the disputes between the parties. Accordingly, the consent terms are accepted and this petition is disposed of in terms of such consent terms.

8.

The efforts put in by Ms Gautami Kamat, learned counsel under the Legal Aid Scheme and also Mr Abhijeet Kamat, learned counsel for the respondent in bringing about this settlement are appreciated. Similarly, Mr Anil Sawant and the respondent and his wife have also acted very reasonably in sorting out the long standing disputes. This is also appreciated. 9.

The petition is disposed of in above terms without any order for costs.

10.

The Goa State Legal Services Authority must pay Ms Kamat the necessary fees in terms of the rules. The payment of such fees is in addition to the gratitude expressed by the Court for her efforts and services.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL Date: 2023.04.29 14:11:54 +05'30'

SUCHITRA NANDAN SINGBAL