Harshwardhan Suryakant Gaikwad And ORS v. Nitin Bhagwan Magar

2023:BHC-AS:30371-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7439 OF 2022 Harshwardhan Suryakant Gaikwad & Ors.

...Petitioners

V/s.

Nitin Bhagwan Magar

...Respondent

---- Mr. R. V. Bansode for the Petitioner.

Mr. R. S. Kadam for the Respondent.

---- CORAM : SUNIL B. SHUKRE, AND FIRDOSH P. POONIWALLA, J.J.

DATE : 11th OCTOBER 2023 P.C.

1.

Mentioned out of turn.

2.

Heard. Learned Counsel for the Petitioner submits that at the time when the consent decree was passed by the Lok-Adalat, the Petitioners were minor and consent of their guardian was not obtained. In our considered view, the ground so taken by the Petitioner for assailing the consent decree of Lok-Adalat which is final, involves disputed questions of fact and therefore unless and until appropriate Civil Remedy is taken recourse to, such a Petition would not be maintainable. 3.

Petition is, therefore, dismissed, as not maintainable. (FIRDOSH P. POONIWALLA, J.) (SUNIL B. SHUKRE, J.) Ashvini Kakde page 1 of 1 67-wp-7439-2022.doc Signed by: Ashvini B Kakde Designation: PA To Honourable Judge Date: 12/10/2023 17:20:00