Smt. Chandbi Mahmud Kazi v. Bismilabai Mahmud Kazi
VARSHA VIJAY RAJGURU by VARSHA VIJAY RAJGURU Date: 2024.10.16 10:26:36 +0530 5-sa-39-2023-ia-421-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
varsha CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 39 OF 2023 WITH INTERIM APPLICATION NO. 421 OF 2023 IN SECOND APPEAL NO. 39 OF 2023 Smt. Chandbi Mahmud Kazi ... Appellant/Applicant vs.
Bismilabai Mahmud Kazi ... Respondent Mr. Devesh Sawant i/b. Mr. Vivek Ptil and Associates for Appellant. Mr. Rushikesh Ajit Mohite, for Respondent No.1. CORAM : GAURI GODSE, J.
DATED : 14th OCTOBER 2024 ORDER:
1.
Learned counsels for the parties have tendered Consent Terms dated 24th September 2024, notarized on 25th September 2024. Learned counsels for the parties submit that the parties being senior citizens above 80 years of age were unable to remain present. They on instructions have tendered Consent Terms. 2.
Learned counsels for the parties further submit that since the Page no. 1 of 2
5-sa-39-2023-ia-421-2023.doc Consent Terms are notorised at Kolhapur, the advocates have not signed. However, they submit that they identify that their respective clients have signed the Consent Terms before the notary. They, submit that the parties have been read over the Consent Terms and on their instructions, the same is tendered before this Court. 3.
I have perused the Consent Terms. The terms are legal and valid. Consent Terms dated 24th September 2024, notarized on 25th September 2024 are taken on record and marked 'X' for identification with today's date.
4.
In view of the terms of the Consent Terms, the parties are at liberty to approach the Pension Authority for releasing pension to the parties as agreed in the Consent Terms. If any application is made the Pension Authority is requested to decide the same as expeditiously as possible.
5.
Second appeal is disposed of in terms of Consent Terms. In view of disposal of the second appeal, the interim application is disposed of as infructuous.
(GAURI GODSE, J.) Page no. 2 of 2