Sakhubai Raghunath Sonawane v. Presient Maharashtra Legal Services Authority And ORS

903-WP-3557-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL WRIT PETITION NO. 3557 OF 2024 VASANT ANANDRAO IDHOL Date: 2024.07.03 17:58:12 +0530 Sakhubai Raghunath Sonawane

...Petitioner

Versus

President Maharashtra Legal Services Authority And Ors.

...Respondents

------ Mr.Narayan Rokade with Mr.Abhang Suryawanshi for the Petitioner.

-------

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

3rd JULY 2024 P.C.

:

1.

Heard Mr.Rokade, the learned counsel for the petitioner. In a suit for partition, RCS No.647 of 2023 in which the present petitioner was arrayed as defendant no.12, a compromise has been effected on 9.9.2023 between the parties to the suit and an award passed in terms thereof. The same is being challenged on the ground, that the terms of the settlement were not explained to the petitioner / defendant no.12.

2.

It is not in dispute that the settlement dated 9.9.2023 bears the thumb impression of the petitioner. It is also equally a VAI

903-WP-3557-2024.doc settled position that before recording settlement terms thereof the panel which comprises of judicial officer and two counsel, records that the terms of the settlement have been explained and understood by the parties, who admit them. This would clearly indicate that in case any objection was there in respect of terms of the settlement, it was for the petitioner to have then and there lodged an objection. No objection of any nature whatsoever has been lodged by the petitioner and this petition has been filed on 28.2.2024. 3.

I, therefore, do not find any substance in the mere allegation of the settlement not having been explained to the petitioner .The petition is therefore, dismissed. No costs. (AVINASH G. GHAROTE, J.) VAI