Nityanand Ravindra Bhute And Anr vs Shilpa Suhas Dhundur And Ors
2021 Latest Caselaw 6579 Bom

P.H. Jayani                                                           02 WP1496.2020.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 1496 OF 2020

Nityanand Ravindra Bhute and anr.                             ....Petitioners
          v/s.
Shilpa Suhas Dhundur and ors.                                 .... Respondents



Mr. Prajakt M. Arjunwadkar for the Petitioners.
Dr. Uday P. Warunjikar for Respondent Nos.1 and 2.


                           CORAM:            SMT. ANUJA PRABHUDESSAI, J.

                           DATED :           21st APRIL, 2021.

P. C. :-

.        The Petitioners who are the Defendant Nos.1 and 2 in

the suit have challenged the order dated 26/11/2019 whereby

learned District Judge, Ratnagiri has dismissed the

Miscellaneous Civil Application No.28/2019 and had thereby

confrmed the order passed by the Trial Court restraining the

Petitioner / Defendant Nos.1 and 2 from creating third party

interest in the suit property till fnal disposal of the suit.

2. Mr. P.M. Arjunwadkar, learned counsel for the Petitioner

and Dr. Uday Warunjikar, learned counsel for Respondent

Nos.1 and 2/Plaintifs submit that parties have settled the

P.H. Jayani 02 WP1496.2020.doc

dispute amicably. They have placed on record Consent Terms

which read as under :-

" XXX ...

7. It is agreed by and between the parties that the family of the Respondent Nos.1 and 2 belong to various other agricultural properties, some of them are described herein below :-

        Sr. Name               R.S.No./        Total         Presently entered
        No. of the             Gat No.         Area          in the name of
            Village                            H=R
        1.     Zadgaon 239/A/1/A/1/            0.07.00       Kusum @ Aruna
                       A/6/A                                 Bhagwat,
                               239/A/1/C       0.25          Sharad Abhyangar,
                                                             Saurabh Alatekar,
                               239/A/1/B       2.91.00
                                                             Swagata Pandit

8. The Petitioners and the Respondent Nos.1 and 2 hereby mutually agree that the 1/6th share claimed by the Respondent Nos.1 and 2 separately in the suit property i.e. land bearing R.S.No.403/3/1A/2B can be accommodated in the balance properties of the family mentioned in the above table and other properties of their family.

9. The Respondent Nos.1 and 2 hereby withdraw all their claims in respect of registered suit Sale Deeds dt. 22.09.2014 and 27.11.2014.

They further hereby undertake that they will not raise any claim or dispute through themselves or through their agents, representatives, assigns, heirs in respect of the registered suit Sale Deeds

P.H. Jayani 02 WP1496.2020.doc

dt. 22.09.2014 and 27.11.2014 and registered Swamitvapatra dt. 19/1/1944 The Respondent Nos.1 and 2 hereby unequivocally admit and accept the registered Swamitvapatra dt. 19/1/1944 with all its terms and conditions and also admits that predecessors of Petitioner and Petitioners have acquired full rights in respect of entire suit property by the said Swamitvapatra. The Respondent Nos.1 and 2 further admit and accept that Petitioners have exclusive right and title in the suit property by the said registered

hereby unequivocally admit the claim of the Petitioners to develop the plot of land i.e. the suit property purchased by the Petitioners from the Respondent Nos.2 and 3 by registered Sale Deed dt.27.11.2014. They further hereby admit and declare that the Petitioners have exclusive right to develop the suit property by constructing a building/s on the said plot of land, to create third party interest on the same by selling the fats situated in the constructed building/s to the intending buyers and that the Respondent Nos.1 and 2 as plaintifs will not raise any objection and/or obstruction for the said alienation. The Respondent Nos. 1 and 2 further agree and undertake that they will not claim any share or interest of any nature in the amount received by the Petitioners out of sale proceeds.

10. The Petitioners and the Respondent Nos.1 and 2 hereby mutually agree that the Writ Petition can be allowed and disposed of in view of the

P.H. Jayani 02 WP1496.2020.doc

consent terms mentioned hereinabove and the Orders passed by the Ld. 5th Joint Civil Judge Junior Division, Ratnagiri below Exh.6 in RCS No.1 of 2016 as well as the Judgment and Order dt. 26.11.2019 passed by the Ld. District Judge-2, Ratnagiri in MCA No.28 of 2019 may accordingly be modifed."

3. The consent terms are signed by the Petitioners and

Respondent No.1 on her behalf and as a Power of attorney of

Respondent No.2. Copy of the Power of attorney is placed on

record. Shri Arjunwadkar and Dr. Warunjikar, learned counsel

for the Petitioners and Respondent Nos.1 and 2 respectively,

state that they have confrmed that the consent terms are

duly signed by the respective parties and terms are

acceptable to them. The terms along with Power of attorney

are taken on record and marked 'X' for identifcation.

Statements made by the respective parties are accepted.

4. Writ Petition is disposed of in view of the consent terms

fled by the parties.

(SMT. ANUJA PRABHUDESSAI, J.)