S.M.Kadrekar vs Kersi Ardeshir Rabadi And Ors
2021 Latest Caselaw 15466 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                       FIRST APPEAL NO.78 OF 2000


S.M.Kadrekar (since deceased) through
his legal heirs (1A) Sushma Shivram
Kadrekar & Ors.                            ..        Appellants
        Versus
Kersi Ardeshir Rabadi (since deceased)
through LRs 1(a) Perviz Rabadi & Ors. ..             Respondents
                                       ...
Mr.Shantanu Kalekar i/b Amila Pillai for the Appellant Nos.1A
to 1C.
Mr.Aditya N. Sushittal for Respondent Nos.1(a) to 1 (c).

Mr.Y.Y.Dabake for the Respondent No.2.
                             ...

                          CORAM: BHARATI DANGRE, J.

DATED : 27th OCTOBER, 2021

P.C:-

1. The First Appeal was admitted on 09/01/2001.

2. Today, the parties have tendered the consent terms, which are drawn pursuant to the mutual discussions and negotiations between the Appellants and the Respondents as regards the subject matter of this Appeal, arising out of S.C.Suit No.5441 of 1980 involving the property viz. Flat No.302 A, D Block, Simla House Co-operative Housing Society Limited, 51/B Napean Sea Road, Mumbai. The consent terms

M.M.Salgaonkar

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are signed by Appellant Nos.1(a) to 1(c) and Respondent Nos.1(a) to 1(c) as well as by learned counsel representing them. As far as Appellant No.1(a) is concerned, the terms are signed by Appellant No.1(b), who is her son and along with the consent terms, the special power of attorney has been placed on record, which authorises him to sign the consent terms on account of her old age, when she is unable to put a signature on the said consent terms.

3. The consent terms are taken on record and marked 'X' for identifcation. The terms are to the effect that the Appellants shall unconditionally withdraw the First Appeal and abandon/waive their claim qua the suit premises in lieu and consideration of a compensation of Rs.2,50,000/-. Being paid to each of the Appellant i.e. Appellant Nos.1(a) to 1(c). The Appellants agree and undertake that Respondent Nos.1(a) to 1(c) jointly are the exclusive owners, in sole and absolute possession of the suit premises and are entitled to deal with the suit premises in any manner, which they deem ft with all incidents of ownership and possession. In paragraph No.5, a statement is made to the effect that Respondent Nos.1(a) to 1(c) have paid an total amount of Rs.7,50,000/-, as agreed in paragraph 3 of the consent terms, by way of demand drafts drawn in favour of each of the Appellant, which would settle their claim fully and fnally. The copies of the demand drafts are handed over by the counsel for the Respondents to the counsel for the Appellants, in presence of the parties. The receipt of the amount is also acknowledged in the consent terms.

M.M.Salgaonkar





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4. In the wake of the consent terms, being entered into and the terms of payment being adhered to, since all the disputes/ differences, allegations and the contentions raised in the First Appeal are sought to be withdrawn by the Appellants, the First Appeal is permitted to be withdrawn with the judgment and decree dated 4th & 5th May, 1999 passed by the City Civil Court, Bombay, being confrmed.

5. Decree be drawn up accordingly.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar