Jayantilal Tukaram Bhoir vs Shri. Vasant Tukaram Bhoir And Ors
2021 Latest Caselaw 15375 Bom

           Digitally
           signed by
PRAJAKTA
SAGAR
           PRAJAKTA
           SAGAR
           VARTAK
                                                                            3-wp 1283-13.doc
VARTAK     Date:
           2021.10.27
           13:58:03
           +0530


Prajakta Vartak
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO.1283 OF 2013

                    Jayantilal Tukaram Bhoir since
                    deceased through his legal heirs                   ...Petitioners
                           V/s.
                    Shri. Vasant Tukaram Bhoir & Ors.                  ...Respondents
                                                          -----

                    Mr. Saurabh Oka for Petitioners.
                    Ms. Sandhya Mailagir i/b. Mr. Anil Joshi for Respondents.
                                                          -----

                                                    CORAM :       G. S. KULKARNI, J.

                                                    DATE :        OCTOBER 26, 2021

                    PC :

1. This petition was filed on 8 January, 2013. Today learned counsel for

the petitioners and respondent no.1/the only contesting respondent have

placed on record Consent Terms dated 22 October, 2021 entered between

the parties by which it is stated that the disputes and differences between

the parties stand resolved.

2. In paragraph 3 of the consent terms, it is specifically set out that the

petitioner be permitted to delete respondent nos.2 to 11 as they are formal

parties and being the original respondents, they have never challenged the

impugned orders. The dispute is in respect of the land bearing Survey

No.80 Hissa No. 2(p) admeasuring H-R-P 1-13-05 and Pot Kharaba H-R-P 0-

13-05 situated at Mouje Umberde, Tal. Kalyan, Dist. Thane.

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3. Respondent no.1 has agreed that he and his legal heirs and/or legal

representatives have no right, title or interest in the suit property.

Respondent no.1 has also agreed to accept the judgment and order dated 26

August, 1988 passed in Petition No.80 of 1988 filed under Section 70B of

the Maharashtra Tenancy and Agricultural Lands Act, 1948, as also the

judgment and order dated 14 February, 1989 passed in Petition No.371 of

1989 filed under Section 32G of the said Act. Respondent no.1 has agreed

to accept that the 32M Certificate issued in favour of the petitioner with

respect to the suit property is legal, proper and valid and respondent no.1

has no objection to the said grant of 32 M Certificate in favour of the

petitioner. In these circumstances, the petitioners and respondent no.1 have

agreed that the judgment and order dated 9 October, 2012 passed by the

Maharashtra Revenue Tribunal, Mumbai, in Review Petition No.

366/C/2012 and the judgment and order dated 26 September, 2011 passed

in Revision Petition No.449 of 2009 arising out of judgment and orders both

dated 5 November, 2009 passed by the Sub-Divisional Officer, Kalyan in

Appeal No.3 of 2009 and Appeal No.4 of 2009 are quashed and set aside.

4. The consent terms are signed by Petitioner Nos.1a, 1b, 1c, 1d, 1e and

respondent no.1/the contesting respondent. Signatures of the parties are

identified by their respective advocates who have also put their signature on

the consent terms. There is no dispute on the signatures as made on the

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consent terms. The consent terms are taken on record and marked "X" for

identification.

5. The writ petition is disposed of in terms of the consent terms. No costs.

6. Parties to act on an authenticated copy of this order.

(G. S. KULKARNI, J.)