Harishchandra Sakharam Chavre v. Tukaram Maruti Chavre

Ajit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 188 OF 2025 Harishchandra Sakharam Chavre And Ors.

...Appellants

Versus

Tukaram Maruti Chavre And Ors.

...Respondents

Mr. Prashant R. Suryawanshi, B. N. Jadhav i/b Gajanan M. Savagave, for the Applicant.

Mr. A. V. Mandlik, for Respondent Nos.1 to 3. Mr. A. R. Deshpande, for Respondent Nos.9 to 14.

CORAM:

N. J. JAMADAR, J.

DATE :

11th MARCH 2026 P.C.:

1.

By an order dated 4th February 2026, this Court had directed issuance of notice to Respondent Nos. 4 to 8, as the decree was passed in favour of the Plaintiffs (Respondent Nos. 4 to 8 herein); which was set aside by the District Court by the impugned judgment and decree. 2.

On 23rd February 2026, the Court noted that the report of notice sent through Court was awaited. The notices were served on Respondent Nos.4 to 8 by private service and an affidavit of service has been filed. Thus, by way of indulgence and to rule out the possibility of prejudice, the matter was stood over to today under the caption 'for settlement'.

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3.

The learned counsel for the Appellants/Original Plaintiff Nos. 1 to 5 and the learned counsel for Respondent Nos. 1 to 3 submit that the Appellants and Respondent Nos.1 to 3 and 9 to 14 have amicably resolved the dispute and the consent terms have been executed. 4.

Mr. Vijay H. Chavre, the power of attorney holder of the Appellants, Mr. Sainath Chavre, the power of attorney holder of Respondent Nos. 1 to 3, and Ms. Shantabai Balu Chavre, the power of attorney holder of Respondent Nos. 9 to 14, are present before the Court. The copies of the powers of attorney are annexed to the consent terms. They admit the contents of the consent terms and execution thereof. The parties are identified by their respective advocates. 5.

Upon being inquired, the parties specifically state that they have voluntarily executed the consent terms and they agree to abide by the contents of the consent terms.

6.

It appears that the parties have amicably resolved the dispute and consent terms have been executed. There is no coercion or duress. The consent terms are thus taken on record and marked 'X' for identification.

7.

The Appeal stands disposed in accordance with the consent terms marked 'X'.

8.

The undertakings contained in the consent terms 'X' are accepted as undertakings to this Court.

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9.

It is, however, clarified that the consent terms 'X' shall govern the rights and liabilities of the parties to the consent terms only and shall not bind Respondent Nos. 4 to 8, nor any other person, who are not parties to the consent terms 'X'.

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