Yamunabai Jotiram Chougule And ORS. v. Anubai Dnyanu Chougule And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.274 OF 2005 WITH CIVIL APPLICATION NO.528 OF 2005 IN SECOND APPEAL NO.274 OF 2005 Yamunabai Jotiram Chougule & Ors ..

Appellants

Versus

Anubai Dnyanu Chougule & ors ..

Respondents ...

Mr.Sangramsinh Yadav for the appellants/applicants. Mr.Amit Sale for respondent nos.1, 3A-1, 3C.

Mr.Rahul P. Walvekar for respondent nos.4 and 5. CORAM: BHARATI DANGRE, J.

DATED : 12th APRIL, 2022 P.C:- The Second Appeal deserve a disposal in the wake of the consent terms entered into between the plaintiffs and the respondents, parties to the Regular Civil Suit No.901/1990 seeking redemption of mortgage and possession of suit property situated at Uchgaon, Talukar Karveer, Taluka, District Kolhapur. The consent terms singed on 12/4/2022 by the appellant no.2 (3) Shri Ganesh Madhukar Chougule for himself as well as a Power of Attorney holder of appellant no.2(1) 2(2), 3

2/3 11 SA 274-05.doc and 4, has signed the consent terms in presence of their Advocate. Similarly, appellant no.5 Pandurang Chougule himself has signed the consent terms. The Power of Attorney executed by the appellants in favour of Ganesh Madhukar Chougule is filed along with the consent terms. The terms are also signed by respondent no.3-C and 3 A-1 as well as respondent nos.4 and 5, along with their Advocates.

The consent terms are taken on record and marked "X" for identification.

Shri Ganesh Madhukar Chougule, the appellant no.2(3) and respondent no.3C Sanjay Vishnu Unhale are present in the Court. Their identity is established through their Aadhar Cards which are verified by the Court Clerk and the photo copies of the same is taken on record and marked X-1 for identification. The consent terms in paragraph no.2 state that the appellants shall delete Respondent no.1, Respondent no.3B, 3D and respondent no.3B(i). The appellants shall also delete respondent nos.3B(ii), (iii) and (iv). They are permitted to effect the necessary amendment forthwith. The consent terms are recorded in paragraph nos.3 to 9.

A reference is also made to the Power of Attorney being executed by the appellant no.5 in favour of his son to give effect to the consent terms.

3/3 11 SA 274-05.doc Since the parties have amicably settled the discord between themselves and placed the consent terms on record, the Second Appeal stands disposed off in the wake of the said consent terms.

In view of the disposal of the Second Appeal, Civil Application No. 528/2005 do not survive and is disposed off. ( SMT. BHARATI DANGRE, J.)