Bombay High Court
Nivrutti Ramchandra Shedge (Deceased ... vs Sarpanch-Grampanchayat Nasarapur, ... on 28 July, 2025
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
21-SA-453-2020+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.453 OF 2020
Nivrutti Ramchandra Shedge
(since deceased through legal heirs)
1) Alka Laxman Shedge (Kadam) & Ors. ...Appellants
Versus
Sarpanch-Grampanchayat Nasarapur, Tal. Bhor,
Dist. Pune & Ors. ...Respondents
WITH
CIVIL APPLICATION NO.1630 OF 2019
IN
SECOND APPEAL NO.453 OF 2020
Nivrutti Ramchandra Shedge
(since deceased through legal heirs)
1) Alka Laxman Shedge (Kadam) & Ors. ...Applicants
Versus
Sarpanch-Grampanchayat Nasarapur, Tal. Bhor,
Dist. Pune & Ors. ...Respondents
Ms. Anjali R. Shiledar Baxi, for the Appellants.
Ms. Trushna Shah a/w. Mr. Vinayak Shelar and Ms. Mansi Dande
i/b. Tejesh Dande & Associates, for the Respondent No.1.
Ms. Alka Laxman Shedge (Kadam), Appellant No.1, present.
Ms. Usha Vikram Kadam, Sarpanch, present through Video
Conferencing.
Mr. Vijay Ashok Kulkarni, Village Development Officer, present
through Video Conferencing.
CORAM: MADHAV J. JAMDAR, J.
DATED : 28th JULY 2025 P. C.:
1. Heard Ms. Baxi, learned Counsel appearing for the Appellants and Ms. Shah, learned Counsel appearing for the Respondent No.1.
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2. The challenge in this Second Appeal is to the Judgment and Decree dated 13th March 2006 passed by the learned 9th Joint Civil Judge, Senior Division, Pune in Regular Civil Suit No.1704 of 2000 as also to the Judgment and Decree dated 29 th June 2017 passed by the learned District Judge-15, Pune in Civil Appeal No.415 of 2006. The said suit has been filed by the Appellants against the Respondents for cancellation of Lease Deed and for possession. The said suit has been dismissed and the Appeal challenging the same, has also been dismissed.
3. Ms. Baxi, learned Counsel appearing for the Appellants states that the Appellants and the Respondent No.1-Sarpanch, Grampanchayat, Nasarapur have settled the dispute. She states that therefore, she has instructions to delete the Respondent Nos.2 to 16 from the array of the parties.
4. Leave as prayed aforesaid is granted. Amendment be carried out forthwith.
5. Ms. Baxi, learned Counsel appearing for the Appellants tenders Consent Terms dated 14 th July 2025. She states that the Page 2 Sonali ::: Uploaded on - 29/07/2025 ::: Downloaded on - 02/08/2025 09:20:13 ::: 21-SA-453-2020+.DOC Appellant No.1-Alka Laxman Shedge (Kadam) is Constituted Attorney of other Appellants and she has signed the Consent Terms. Said Alka Laxman Shedge (Kadam) is personally present in Court. She states that the Appellants and the Respondent No.1 have settled the dispute in terms of the Consent Terms.
6. Ms. Baxi, learned Counsel also states that the Appellant No.4 is sister-in-law of the Appellant No.1 and the Appellant Nos. 5 and 6 are sons of the Appellant No.1. She states that the Appellant Nos.2 and 3 have already been deleted before the learned Trial Court. She points out title of the Second Appeal where it is stated that said Appellant No.1-Alka Laxman Shedge (Kadam) is Constituted Attorney of the other Appellants.
7. Ms. Baxi, learned Counsel appearing for the Appellants further states that the Consent Terms are also signed by the Sarpanch-Usha Vikram Kadam, Grampanchayat, Nasarapur and Mr. Vijay Ashok Kulkarni, Grampanchayat Officer. The said Sarpanch- Usha Vikram Kadam and Mr. Vijay Ashok Kulkarni, Village Development Officer are present through Video Conferencing. Both of them state that the Appellants and the Respondent No.1 have Page 3 Sonali ::: Uploaded on - 29/07/2025 ::: Downloaded on - 02/08/2025 09:20:13 ::: 21-SA-453-2020+.DOC settled the dispute in terms of the Consent Terms and that they have signed the Consent Terms.
8. Accordingly, the said Consent Terms are taken on record and marked 'X1' for identification.
9. The arrangement as reflected in the Consent Terms is also approved by the Zilla Parishad, Pune, Panchayat Samiti, Bhor (Education Department) and the Pune Zilla Parishad, Pune, Education Department (Primary). The letter dated 22 nd July 2025 of Block Education Officer, Panchayat Samiti, Bhor and letter dated 25th July 2025 of the Education Officer (Primary), Pune Zilla Parishad, Pune are taken on record and marked as 'X2' and 'X3' respectively for identification.
10. The said Consent Terms read as under:
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11. Ms. Shah, learned Counsel appearing for the Respondent No.1 states that Mr. Tejesh Dande, learned Counsel who appears for the Respondent No.1 has no instructions. However, Ms. Usha Page 9 Sonali ::: Uploaded on - 29/07/2025 ::: Downloaded on - 02/08/2025 09:20:13 ::: 21-SA-453-2020+.DOC Vikram Kadam, Sarpanch of the Respondent No.1 Grampanchayat Nasarapur was personally present in the Court on earlier date i.e. on 14th July 2025 and she is also personally present today through Video Conferencing. Vijay Ashok Kulkarni, Grampanchayat Officer is also present through Video Conferencing. The Resolution of Grampanchayat, Nasarapur dated 28th August 2024 as also the Resolution dated 29th November 2024 are annexed to the Consent Terms. Both of them state that the Grampanchayat, Nasarapur has decided to settle this Second Appeal and accordingly, the said Resolutions are passed and pursuant to the same, the Consent Terms are signed by them.
12. Accordingly, the Second Appeal is disposed of in terms of the Consent Terms.
13. In view of the disposal of the Second Appeal, nothing survives in the Civil Application and the same is also disposed of.
[MADHAV J. JAMDAR, J.] Page 10 Sonali ::: Uploaded on - 29/07/2025 ::: Downloaded on - 02/08/2025 09:20:13 :::