Dadarao Krishna Sarvade v. Sou. Parvatibai Dadarao Sarvade And ANR.

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7720 OF 2019 Dadarao Krishna Sarvade (since deceased) through his heirs and legal representatives 1. Chandrakant Dadarao Sarvade and Ors.

.. Petitioners

Versus

Parvatibai Dadarao Sarvade and Anr.

.. Respondents WITH INTERIM APPLICATION NO.3795 OF 2020 IN WRIT PETITION NO.7720 OF 2019 Sandip Bhagvat Sankpal and Ors.

.. Applicants

IN THE MATTER BETWEEN:

Dadarao Krishna Sarvade (since deceased) through his heirs and legal representatives 1. Chandrakant Dadarao Sarvade and Ors.

.. Petitioners

Versus

Parvatibai Dadarao Sarvade and Anr.

.. Respondents WITH INTERIM APPLICATION NO.3473 OF 2021 IN WRIT PETITION NO.7720 OF 2019 Dadarao Krishna Sarvade (since deceased) through his heirs and legal representatives 1. Chandrakant Dadarao Sarvade and Ors.

.. Applicants

IN THE MATTER BETWEEN:

Dadarao Krishna Sarvade (since deceased) through his heirs and legal representatives 1. Chandrakant Dadarao Sarvade and Ors.

.. Petitioners

Versus

Parvatibai Dadarao Sarvade and Anr.

.. Respondents

WITH INTERIM APPLICATION NO.1595 OF 2021 IN WRIT PETITION NO.7720 OF 2019 Dadarao Krishna Sarvade (since deceased) through his heirs and legal representatives 1. Chandrakant Dadarao Sarvade and Ors.

.. Applicants

IN THE MATTER BETWEEN:

Dadarao Krishna Sarvade (since deceased) through his heirs and legal representatives 1. Chandrakant Dadarao Sarvade and Ors.

.. Petitioners

Versus

Parvatibai Dadarao Sarvade and Anr.

.. Respondents ....................

 Mr. R. A. Thorat a/w. Athrav Narawade i./by Ramdas Hake Patil, Advocates for Petitioners.

 Mr. S. P. Chaudhari i./by Maharashtra Law Associates, Advocate for Respondent Nos.2 and 3.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 22, 2024 P.C.

:

1.

Heard Mr. Thorat, learned Advocate for Petitioners and Mr. Chaudhari, learned Advocate for Respondent Nos.2 and 3. 2.

Parties have reconciled their disputes and filed Consent Terms dated 22.07.2024. The Consent Terms are taken on record and marked 'X' for identification. They are executed by Petitioner No.1 - Chandrakant Dadarao Sarvade; Petitioner No.2 - Shashikant Dadarao Sarvade; Petitioner No.3 - Mr. Anand Dadarao Sarvade; Petitioner No.4 - Reshma Govind Padule; Petitioner No.5 - Sushma Kailas Aaldar; Respondent No.1 - Parvatibai Dadarao Sarvade and

Respondent No.2 - Vijaya Dadarao Sarvade @ Smt. Vijaya Santosh Waykule; Advocate for Petitioners - Ramdas Hake Patil and Advocate for Respondent No.1 and 2 - S. P. Chaudhari. Parties who have executed Consent Terms are all present before me and made their journey all the way from Solapur for this reason. They have confirmed execution of Consent Terms through their signatures. Their identification is also been checked by Court Sheristedar. They are running into 10 pages until execution clause and thereafter 35 pages in total. For the sake of reference and convenience the first 10 pages upto execution clause of the same are scanned and reproduced below except the Annexure thereto:-

3.

Parties are bound by the rights and obligations and more specifically obligations to be fulfilled and stated in the Consent Terms. The obligations are taken as undertaking given to this Court and

parties shall abide by them.

4.

As delineated in clause (i) of paragraph No.4 of the Consent Terms, the learned Executing Court is directed to consider the modification of sale certificate issued under Exhibit-169 dated 27.04.2018 as per Consent Terms executed between the parties and sale shall be done on server copy of this order presented before learned Executing Court insisting on any further application. It is clarified that said modification shall be executed by learned Executing Court within a period of two weeks from date on which server copy of this order is presented before learned Executing Court.

5.

Order in terms of Consent Terms.

6.

With the above directions, Writ Petition No.7720 of 2019 is disposed.

7.

In view of disposal of Writ Petition, Interim Application No.3795 of 2020, Interim Application No.3473 of 2021 and Interim Application No.1595 of 2021 are also disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.07.22 18:28:35 +0530 HARSHADA HANUMANT SAWANT