Jnr Builders v. Janabhai Padubhai Andher And ORS

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10224 OF 2024 JNR Builders

...Petitioner

Versus

1. Janabhai Padubhai Andher

2. Rupliben Holiabhai Bhurkud

3. The Administrator

4. Dr. Ratnakar Shelke

...Respondents

SANTOSH SUBHASH KULKARNI SANTOSH SUBHASH KULKARNI Date: 2025.09.23 11:52:12 +0530 Mr. Manoj Badgujar, for the Petitioner.

Mr. Suraj Jadhav, for Respondent No.1.

CORAM:

N. J. JAMADAR, J.

DATED:

22nd SEPTEMBER, 2025 Oral Order:- 1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the parties submit that, the petitioner and respondent Nos.1 and 2 have amicably resolved the dispute and Consent Terms have been executed. The learned Counsel for the parties seek leave to tender Consent Terms.

Leave granted.

3.

The impugned order was passed in an appeal preferred by respondent No.1, being aggrieved by an order dated 20th May, 2022 passed by the Collector, Dadra and Nagar Haveli, granting permission for sale of the subject land by 1/3

respondent No.2 Rupliben to the petitioner. By the impugned order, the Administrator remanded the matter back to the Collector, Dadra and Nagar Haveli, for a fresh determination after providing an opportunity of hearing to the parties. It appears that, in the intervening period, the petitioner and respondent Nos.1 and 2 have amicably resolved the dispute. 4.

Narpat Rajpurohit, a partner of JNR Builders and Janabhai Andher (R1) and Rupliben Bhurkud (R2) are present before the Court. They admit the contents of the Consent Terms and execution thereof. The parties are identified by their respective Advocates.

5.

Janabhai Andher (R1) submits that, the petitioner had agreed to pay a sum of Rs.37,50,000/- to him. Out of the said amount, a sum of Rs.17,50,000/- has already been paid and a Demand Draft drawn for Rs.20,00,000/- has been delivered. The parties submit that they have executed the Consent terms voluntarily and there is no coercion or duress. The Consent Terms are thus taken on record and marked 'X'. 6.

The petition stands disposed in accordance with the Consent Terms 'X'.

7.

The impugned order stands quashed and set aside. 2/3

8.

The undertakings given in the Consent Terms 'X' are accepted as undertakings to the Court.

[N. J. JAMADAR, J.] 3/3