Vijay Sakharam Churi v. Vishwanath Sakharam Churi And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19156 OF 2024 Vijay Sakharam Churi

...Petitioner

Versus

Vishwanath Sakharam Churi & Ors.

...Respondents

Mr. Rafique Ahmed Shaikh a/w. Mr. Hasan Sayed, for the Petitioner.

Mr. Prashant G. Karande a/w. Mr. Sudam S. Patil i/b. Mr. Praful S. Pawar, for the Respondent Nos.1 to 4.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

10th FEBRUARY 2025 P. C.:

1.

By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the order dated 21st November 2024 passed by the learned Division Bench of the Small Causes Court at Mumbai in Revision Application No.262 of 2024. In the said Revision Application, the challenge was to the legality and validity of the order dated 21st August 2024 passed below Exhibit-20 in R.A.D. Suit No.15 of 2024. The said Application bearing Exhibit-20 has been filed by the original Defendant Nos.2 to 5 for rejection of the plaint.

2.

By the impugned order dated 21st November 2024, the said Application bearing Exhibit-20 has been allowed and R.A.D. Suit No.15 of 2024 is rejected vide Order VII Rule 11(d) of the Code of Civil Procedure, 1908. The said R.A.D. Suit has been filed seeking a declaration that the Plaintiff i.e. present Petitioner is the joint tenant of the Defendant No.1 in respect of the suit premises. 3.

Thus, the dispute is inter se between three brothers i.e. the Petitioner, Respondent No.1 and heirs of Mahendranath Sakharam Churi i.e. Respondent Nos.2 to 4. The Respondent No.5 is the landlord.

4.

Both Mr. Shaikh, learned Counsel appearing for the Petitioner and Mr. Karande, learned Counsel appearing for the Respondent Nos.1 to 4 state that the Petitioner and the Respondent Nos.1 to 4 have arrived at the settlement and they tender the Consent Terms. Both of them state that the Respondent No.5 is landlord/developer and he has been served, however, throughout these proceedings he has remained absent. Both of them state that the Respondent No.5 has expressed that as this is the family dispute amongst the Petitioner (original Plaintiff) and Respondent

Nos. 1 to 4 (original Defendant Nos. 2 to 5) and therefore, the Respondent No.5(original Defendant No.1) is not concerned with the said dispute and the Respondent No.5 has no objection for the settlement of the dispute between the said family members. Both the learned Counsel state that the Petitioner and the Respondent Nos.1 to 4 have entered into the Consent Terms. The Consent Terms are signed by the Petitioner as well as the Respondent Nos.1 to 4. The Consent Terms are signed by the Respondent No.3 through his Constituted Attorney. All the signatories to the Consent Terms are present in Court. They state that the dispute between them is settled in terms of the Consent Terms and they have signed the Consent Terms. The respective Advocates have also signed the Consent Terms and they identify the signatures of the respective parties. Accordingly, the Consent Terms are taken on record and marked 'X' for identification. The Consent Terms read as under:

5.

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

6.

Accordingly, the Writ Petition is disposed of in terms of the Consent Terms, however, with no order as to costs. 7.

All concerned to act on the authenticated copy of this order. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.02.11 11:06:38 +0530 SONALI MILIND PATIL