Shri. Vasant Balu Shinde ... vs Shri. Shafi Shaikh And Ors
2022 Latest Caselaw 12438 Bom

                                                             5-cra-767-2013.doc
Sonali


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                      CIVIL REVISION APPLICATION NO.767 OF 2013
                                        WITH
                         CIVIL APPLICATION NO. 18428 OF 2022



         Shri. Vasant Balu Shinde (deceased)
         through legal heirs
         Shanta Vasant Shinde & Ors.                    ...Applicants
             Versus
         Shri. Shafi Shaikh
         1a. Noorjaha Shafi Shaikh & Ors.               ...Respondents


         Mr. Gautam J. Jain, i/b. Mr. M. J. Bhatt, for the Applicants.

         Mr. Mriganka Kundu, for the Respondents.



                                 CORAM : MADHAV J. JAMDAR, J.

DATED : 1st DECEMBER 2022

P.C. :

1. Heard Mr. Gautam Jain, learned counsel appearing for

the Applicants and Mr. Mriganka Kundu, learned counsel

appearing for the Respondents.

2. Both the learned Advocates state that parties have

settled the dispute and tendered Consent Terms dated 1st

December 2022. The said Consent Terms are taken on record

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and marked 'X' for identification.

3. Leave to amend to delete name of Applicant No.1 as he

has passed away and his heirs are already on record i.e.

Applicant Nos.2, 3 and 4 who are present in Court. The Consent

Terms are also signed by Respondent No.1(a) to 1(h) and

Respondent Nos.2 to 4. All these parties who have executed the

Consent Terms are present in the Court and they confirm the

contents of the Consent Terms and that the same are agreeable

to them.

4. The Consent Terms record that the Respondents will be

handed over peaceful possession of the suit property on

receiving the amount of Rs.6,20,000/- in the Court. The learned

Advocate appearing for the Applicant has handed over the

Demand Draft of Rs.6,20,000/- to the learned Advocate

appearing for the Respondents. The said Demand Draft is in

favour of Respondent No.3-Mahmood Ajmudin Shaikh and he

has accepted the same on behalf of all the Respondents who are

personally present in Court. The Respondents state that the

said payment is for and on behalf of all the Respondents.

5. In view of the above Consent Terms, by consent of the

5-cra-767-2013.doc Sonali

parties, the judgment and decree dated 29th April 2011 passed

by the learned Ad-hoc District Judge-4, Thane in Civil Appeal

No.60 of 2007 is set aside and by consent, the decree of eviction

granted on 18th January 2007 by the learned Civil Judge,

Junior Division, Vashi in Regular Civil Suit No.52 of 2005 is

confirmed subject to the above Consent Terms.

6. The Respondents have deposited certain amount in this

Court. The Applicant No.2 is at liberty to withdraw the said

amount with accrued interest, if any in accordance with clause

(l) of the paragraph 5 of the Consent Terms.

7. The Civil Revision Application is disposed of in terms of

Consent Terms.

8. In view of the disposal of the Civil Revision Application,

nothing survives in the Interim Application and the same is

disposed of as such.

9. A soft copy of the Consent Terms will be uploaded as the

second order in the matter.

Digitally signed by SONALI SONALI MILIND MILIND PATIL [MADHAV J. JAMDAR, J.] Date:

PATIL    2022.12.03
         16:45:05
         +0530