Shri. Mahadeo Malkari Mali v. 1) Smt. Anjubai Dhanappa Todkar (Dead)2) Shivaji Dhanba Todkar And ORS.

VARSHA VIJAY RAJGURU by VARSHA VIJAY RAJGURU Date: 2025.05.03 12:55:49 +0530 3-sa-95-2013-iast-36845-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 95 OF 2013 WITH INTERIM APPLICATION (ST) NO. 36845 OF 2024 Shri Mahadev Malhari Mali ... Appellant/Applicant vs.

Shri Anjubai Dhanappa Todkar (Dead) Shivaji Dhanba Todkar and Ors ... Respondents Mr. Vaibhav R. Gaikwad for Appellant.

Ms. Pradnya C. Solanki for Respondent No.2.

Mr. Deva Shinde, for Respondent No. 3A Mr. Mahadev Malhari Mali, Applicant present.

Mr. Shivaji Dhannapa Todkar, Respondent No.2 present. Ms. Muktabai Bajirao Deshmukh, Respondent no. 3A present. CORAM : GAURI GODSE, J.

DATED : 2nd MAY 2025 ORDER:

INTERIM APPLICATION (ST) NO. 36845 OF 2024 .

1.

This application is for leave to delete deceased respondent no.1. The applicant has stated in the application that respondent no.2 is the only heir and legal representative of deceased respondent no.1. Since, respondent no.2 is already on record in a different capacity, the applicant has prayed for leave to delete Page no. 1 of 2

3-sa-95-2013-iast-36845-2024.doc respondent no.1. For the reasons stated in the application, it is allowed in terms of prayer clause (b). Amendment to be carried out forthwith in the court.

2.

Learned counsels for the parties have tendered consent terms dated 2nd May 2025. The consent terms is signed by the appellant, respondent no.2 and respondent no. 3a and their respective advocates. The signatories are present in the court. They accept the signatures on the consent terms and the agreement between the parties to be true and correct. The signatories are identified by their respective advocates.

3.

The consent terms dated 2nd May 2025, is taken on record and marked 'X' with today's date for identification. I have perused the terms of the consent terms. The terms are legal and valid. 4.

The second appeal is disposed of in terms of consent terms. Decree to be drawn accordingly.

5.

In view of disposal of the second appeal, the pending applications if any, are disposed of as infructuous. (GAURI GODSE, J.) Page no. 2 of 2