Gopal Bherumal Wadhwa vs Ramesh Rijumal Rohara
2021 Latest Caselaw 4135 Bom

                                                                       4-sa-631-11 with cas-1348-16 with cas-296-15


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                  SECOND APPEAL NO.631 OF 2011

                            Gopal Bherumal Wadhwa
                            (Since Deceased) Through Lrs.
                            Leena Gopal Wadhwa & Ors.                                 ..Appellants
                                        Vs.
                            Ramesh Rijumal Rohara                                     ..Respondent

                                                                WITH
                                                 CIVIL APPLICATION NO.1348 OF 2016
Nilam    Digitally signed
         by Nilam Kamble                                        WITH
Kamble   Date: 2021.03.05
         17:29:08 +0530                          CIVIL APPLICATION NO.296 OF 2015

                            Ramesh Rijumal Rohara                                     ..Applicant
                                        Vs.
                            Shri.Gopal Bherumal Wadhwa
                            (Since Deceased) Through Lrs.
                            Leena Gopal Wadhwa & Ors.                                 ..Respondents
                                                              ----
                            Mr.Vijay Killedar for the Appellants.

                            Mr.Tejas D. Deshmukh a/w Mr.Sagar M. Kurssija i/b Mr.Samrat K.
                            Shinde for the Respondents.
                                                         ----
                                                        CORAM : C.V. BHADANG, J.

                                                               DATE    : 05th MARCH 2021

                            P.C.:

1. The parties have produced consent terms, along with

supporting affidavits, which are taken on record and marks 'x' for

identification (collectively). The consent terms are signed by the

N.S. Kamble page 1 of 2 4-sa-631-11 with cas-1348-16 with cas-296-15

parties and their counsel. The parties are personally present before

the Court and they admit the correctness of the contents thereof.

2. The appellants are the original defendants. The

respondent (Original plaintiff) had filed a suit for declaration in

respect of Shop No.498 which suit was decreed and that was

confirmed in appeal. Now as per the consent terms the plaintiff has

agreed to surrender the suit shop No.498 in favour of the

defendants.

3. I have heard the learned counsel for the parties. In that

view of the matter, the impugned judgment and decree is hereby set

aside. The appeal is disposed of in view of the consent terms. In the

circumstances, there shall be no order as to costs.

Decree be drawn accordingly.

C.V. BHADANG, J.

     N.S. Kamble                                                            page 2 of 2