Shri Gunda Laxman Anuse v. Bhanudas Ananda Kolekar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION kartikeya SECOND APPEAL NO. 314 OF 2012 Shri Gunda Laxman Anuse ...

Appellant Vs.

Bhanudas Ananda Kolekar ...

Respondent Mr. Lengare Y.B. i/by Mr. Suman Y. Lengare, for the Appellant. Mr. Gunda Laxman Anuse a/w Mr. Sahebrao Gunda Anuse is present. Mr. Ajay P. Joshi, for the Respondent.

Mr. Dharmaraja Bhanudas Kolekar, Power of Attorney of Shri Bhanudas Ananda Kolekar is present.

CORAM : GAURI GODSE, J.

DATE :

16th DECEMBER 2024 ORDER :

1.

Learned counsels for the parties have tendered consent terms dated 16th December, 2024. The appellant has endorsed his thumb impression on the consent terms. The appellant's thumb impression is identified by his son who is present in the Court. The appellant is present in the Court. The respondent's power of attorney holder has 1/3

put his thumb impression on the consent terms and has also signed the consent terms.

2.

The power of attorney is annexed to the consent terms. The appellant and power of attorney holder of the respondent are present in the Court. The parties are identified by the respective advocates and they have also signed the consent terms. The signatories admit their signatures and the contents of the consent terms to be correct. 3.

Consent terms dated 16th December, 2024 are taken on record and marked 'X' with today's date for identification. 4.

I have perused the consent terms. The terms are legal and valid. The undertakings and assurances in the consent terms are accepted as undertakings to the Court. Learned counsel for the respondent on instructions of the power of attorney holder submit that the cheques issued to the appellant shall be honoured.

5.

The statement made on behalf of the respondent is accepted as an undertaking to this Court 6.

The second appeal is disposed of in terms of the consent terms. 2/3

7.

In view of the settlement between the parties, the impugned judgment and decree in the second appeal is quashed and set aside. 8.

Civil applications, if any pending, stand disposed of as infructuous in view of the consent terms.

[GAURI GODSE, J.] 3/3