Pandurang Mahadeo Mahajan And ORS. v. Balasaheb Sadashiv Shete And ORS.

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.638 OF 2015 Pandurang Mahadeo Mahajan & Ors.

...Appellants

Versus

Balasaheb Sadashiv Shete & Ors.

...Respondents

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.08.07 22:10:45 +0530 ARJUN VITTHAL KUDHEKAR WITH CIVIL APPLICATION NO.1377 OF 2015 IN SECOND APPEAL NO.638 OF 2015 Pandurang Mahadeo Mahajan & Ors.

...Applicants

Versus

Balasaheb Sadashiv Shete & Ors.

...Respondents

______________________________________________________________ Mr. Sachindra B. Shetye, for the Appellants.

Mr. Vikas M. Mali, for Respondent Nos.1 to 4. Mr. Akshay S. Pansare, for Respondent Nos.6 to 11. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 04 AUGUST 2025 P.C.:

1.

Heard Mr. Shetye, learned Counsel appearing for the Appellants, Mr. Mali, learned Counsel appearing for Respondent Nos.1 to 4 and Mr. Pansare, learned Counsel appearing for Respondent Nos.6 to 11. 2.

All the learned Counsel state that the parties have settled the dispute and tender the 'Consent Terms'. The Consent Terms are signed by the Appellants through their Constituted Attorney - Pandurang Mahajan i.e. Appellant No.1. The Consent Terms are also signed by the leaned Advocate appearing for the Appellants, who identifies the

signature of Appellant No.1 - Pandurang Mahajan. The Consent Terms are also signed by Respondent Nos.1 to 4 through their Constituted Attorney, Pandurang Shivling Sagre, who is also personally present in Court and states that the Consent Terms are signed by him on behalf of Respondent Nos.1 to 4. The Consent Terms are signed by learned Advocate appearing for Respondent Nos.1 to 4, who identifies the signature of Pandurang Shivling Sagre. The Consent Terms are also signed by Bharat Rajaram Shete i.e. Respondent No.9 on his behalf and as Constituted Attorney of Respondent Nos.6 to 8, 10 and 11. All these Power of Attorneys are annexed to the Consent Terms. 3.

The Respondent Nos.5 and 12 are deceased. Although Respondent No.5 is deceased, however, Respondent Nos.1 to 4 are the heirs and legal representatives of the deceased Respondent No.5. Respondent No.12 is also deceased, however, Respondent Nos.6 to 9 are the heirs and legal representatives of the deceased Respondent No.12. 4.

Said Pandurang Mahajan i.e. Appellant No.1 (Constituted Attorney of the Appellants), Pandurang Shivling Sagre, Constituted Attorney of Respondent Nos.1 to 4 and Bharat Rajaram Shete i.e. Respondent No.9 (Constituted Attorney of Respondent Nos.6 to 8, 10 and 11), are personally present in Court and state that the parties have settled the dispute in terms of the Consent Terms and they have signed the Consent Terms. As already noted their signatures are identified by

the respective Advocates. Accordingly, the Consent Terms are taken on record and marked "X" for identification. The Consent Terms read as under :-

5.

Accordingly, Second Appeal No.638 of 2015 is disposed of in terms of the Consent Terms.

6.

Resultantly, the impugned Judgment and Decree dated 5th February 2015 passed by the learned Ad-hoc District Judge-1, Sangli in Regular Civil Appeal No.277 of 2010 as well as the Judgment and Decree dated 15th July 2010 passed by the learned Joint Civil Judge, Senior Division, Sangli in Special Civil Suit No.390 of 1997 are quashed and set aside and said Special Civil Suit No.390 of 1997 is decreed in terms of the Consent Terms.

7.

Accordingly, the Second Appeal is disposed of in above terms with no order as to costs.

8.

In view of disposal of the Second Appeal, the Civil Application No.1377 of 2015 is also disposed of in terms of the Consent Terms. [MADHAV J. JAMDAR, J.]