Mr.Prashant Chandraant Shah And ORS. v. Borvili Chandra Vatika Co-Operative Housing Society Limited And ORS.

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.11.21 09:48:47 +0530 MUGDHA MANOJ PARANJAPE 1 501-FA 1825-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1825 OF 2024 Prashant Chandrakant Shah & Ors.

... Appellants V/s.

Borvili Chandra Vatika Co-operative Housing Society Limited & Ors.

... Respondents ----- Mr. Saket M. Mungale for the Appellants.

Ms. Hima Khuman i/by Makarand Raut for Respondent No.1. Mr. Sameer Shah, Mr. Manish Shah and Mr. Tushar Shah (Committee Members of Respondent No.1) are present.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

19TH NOVEMBER 2024 P.C. :

1.

Today, Learned Counsel appearing on behalf of the Appellants tendered draft amendment seeking to implead Bharati Prashant Shah as Appellant No.1(a), who is the wife of Appellant No.1, since Appellant No.1 has passed away during the pendency of the present First Appeal. There is no opposition to this amendment being carried out. Therefore, draft amendment is taken on record and marked 'X' for identification. Learned Counsel for the Appellants is permitted to carry out amendment in terms of the draft amendment forthwith. Re-verification is dispensed with. Mugdha

2 501-FA 1825-24.doc 2.

Learned Counsel for the parties then tendered consent terms, which have been executed between the Appellant and Respondent No.1, i.e., Co-operative Housing Society Limited. Learned Counsel appearing on behalf of the Appellants submitted that the Suit is not being pressed against Respondent Nos.2 and 3 and thus Respondent Nos.2 and 3 shall not be bound in any manner by the abovesaid consent terms. The Appellants as also the Chairman, Secretary and Treasurer of Respondent No.1 are present in Court. The consent terms have been duly signed by the Appellant and on behalf of Respondent No.1-Society by the Chairman, Secretary and Treasurer. The consent terms are therefore taken on record and marked 'X-1' for identification. 3.

The First Appeal is thus disposed of in terms of the consent terms. (ARIF S. DOCTOR, J.) Mugdha