Narahari Tukaram Kandale Since Deceased Through Legal Heirs v. Avadhut Mahadev Jamadagni

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai SECOND APPEAL NO. 88 OF 2024 WITH INTERIM APPLICATION NO. 1392 OF 2024 Sulochana Narahari Kandale ...

Appellant Vs.

Avadhut Mahadev Jamadagni ...

Respondent WITH SECOND APPEAL NO. 89 OF 2024 WITH INTERIM APPLICATION NO. 1400 OF 2024 Narhari Tukaram Kandale ...

Appellant since deceased through LRs vs.

Avadhut Mahadev Jamdagni ...

Respondent Ms. Raufa Shaikh i/b. Mr. Yuvraj Narvankar for the Appellant. Mr. Sumedh Modak i/b. Mr. Vijay Killedar for the Respondent. CORAM : GAURI GODSE, J.

DATE :

6th JANUARY 2025 ORDER :

1.

Learned Mediator has placed on record the consent terms dated 17th December 2024 signed by the parties in his presence. by RAJESHWARI RAMESH PILLAI Date:

2025.01.07 22:55:44 +0200 The consent terms are also signed by the learned Mediator. RAJESHWARI RAMESH PILLAI 1/3

2.

Learned counsel for the parties confirm the terms and conditions of the compromise recorded in the consent terms. The consent terms styled as 'Terms of Compromise' dated 17th December 2024 is taken on record and marked "X" for identification with today's date for identification.

3.

The parties are not present in court. However, learned counsel for the respective parties confirm the terms and conditions of the consent terms. Since the consent terms are signed before the learned Mediator and the consent terms are placed on record by the learned Mediator along with letter dated 23rd December 2024, the presence of the parties would not be necessary. 4.

The letter dated 23rd December 2024 of the learned Mediator is also taken on record and marked X-1 with today's date for identification.

5.

I have perused the consent terms. The agreed terms are legal and valid. The assurances recorded in the consent terms are accepted as undertaking to his court.

6.

Both the second appeals are disposed of in terms of the consent terms.

2/3

7.

The impugned decrees stand modified in terms of the consent terms.

8.

In view of the disposal of the second appeals, interim applications are disposed of as infructuous.

[GAURI GODSE, J.] 3/3