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Bombay High CourtIA/3477/2025transfer to other court

Namdeo Jayjayram Budhavale v. Bhamatai Rangrao Budhavale Since Deceased Thr. Lrs

2025-07-14Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.155 OF 2017 Namdeo Jayjayram Budhavale ...Appellant

Versus

Bhamatai Rangrao Bhudhavale

...Respondent

WITH CIVIL APPLICATION NO.365 OF 2017 IN SECOND APPEAL NO.155 OF 2017 Namdeo Jayjayram Budhavale ...Applicant

Versus

Bhamatai Rangrao Bhudhavale

...Respondent

WITH INTERIM APPLICATION NO.3477 OF 2025 IN SECOND APPEAL NO.155 OF 2017 Namdeo Jayjayram Budhavale ...Applicant

Versus

Bhamatai Rangrao Bhudhavale

...Respondent

Mr. Ramdas A. Shelke, for the Appellant/Applicant. Mr. Mohan M. Chavan i/b. Mr. Rajaram V. Bansode, for the Respondent Nos.2 and 3.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

14th JULY 2025 P. C.:

1.

Heard Mr. Shelke, learned Counsel appearing for the Appellant/Applicant and Mr. Chavan, learned Counsel appearing for the Respondent Nos.2 and 3.

2.

A learned Single Judge by order dated 7th May 2025 directed that the Consent Terms be placed before the learned Registrar (Judicial- II) for verification and placing on record a report whether the terms are explained to Plaintiff Nos.2 and 3 and whether they have agreed to relinquish their right of partition decree without any consideration.

3.

Pursuant to the said order dated 7th May 2025, learned Registrar (Judicial- II) has submitted report stating that the parties failed to remain present and therefore, the learned Registrar (Judicial- II) is unable to place the report before the Court. 4.

Both the learned Counsel state that the parties will remain present before the learned Registrar (Judicial- II) on 4th August 2025 at 03:00 p.m..

5.

Mr. Shelke, learned Counsel appearing for the Appellant further states that the Respondent No.4 i.e. original Defendant No.2 has also accepted the Consent Terms and he will also remain present before the learned Registrar (Judicial- II) for confirming the terms and conditions of the Consent Terms and that the Respondent No.4 will also sign the Consent Terms. He therefore, states that the deletion of the Respondent No.4 as directed by order dated 7th May 2025 may not be necessary. 6.

Stand over to 11th August 2025. To be listed under the caption of "passing order in terms of the Consent Terms". [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.07.14 18:05:45 +0530 SONALI MILIND PATIL