Rajaram Govind Bhoir And 6 Ors vs Ashok Narayan Patil And Ors
2022 Latest Caselaw 36 Bom

                                                                     5. IA 3030-21.doc


LAXMI
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUBHASH
SONTAKKE
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
LAXMI SUBHASH
SONTAKKE
Date: 2022.01.04
11:01:21 +0530
                                       INTERIM APPLICATION NO.3030 OF 2021
                                                        IN
                                              SUIT NO. 2508 OF 2012

                      Rajaram Govind Bhoir & Ors.                               ...Applicants
                                                                              (Org. Plaintiffs)
                      In the matter between:

                      Ashok Narayan Patil & Ors.                                   ...Plaintiffs

                              Versus
                      Shubhjivan Builders Pvt. Ltd. & Ors.                       ...Defendants

                                                        ......
                      Mr. Piyush M. Shah with Dishang Shah, Karan Gandhi & H. Sagar for
                      the Plaintiffs/Applicants.
                      Mr. Naushad Engineer with Bhavin Gada, Ms Tanna i/b Pravin Mehta &
                      Mithi & Co. for Defendant Nos. 1 to 3.
                      Mr. Himanshu Takke, AGP for the State.
                      Mr. Sagar Patil for MCGM.
                                                         .....

                                                         CORAM : B.P. COLABAWALLA, J.

DATE : 03rd JANUARY, 2022 P.C.:

1. By order dated 23rd November, 2021, consent terms dated

17th October, 2021 were not taken on record and no order was passed in

terms of the consent terms as the consent terms contemplated

settlement only between Plaintiff Nos. 24 to 26, 27(A) and 28 to 30 on

the one hand and Defendant Nos.1, 2 and 3 on the other. This Court was

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5. IA 3030-21.doc

therefore of the opinion that before passing any order in terms of the

consent terms notice be issued to all the parties in the above Suit.

2. The learned Advocate appearing on behalf of all the

Plaintiffs has submitted that due notice has been given to all the parties

and an affidavit of service dated 14 th December, 2021 is tendered to the

Court today.

3. Considering that notice has now been issued to all parties,

the consent terms dated 17th October, 2021 are taken on record and

marked 'X' for identification. The undertaking given in the consent

terms are accepted as an undertaking given to the Court. There shall be

a judgment and decree in terms of the consent terms.

4. Now that the consent terms are taken on record, the

learned Counsel for the Plaintiffs has pressed the above Interim

Application for transposing the Applicants (who are currently the

Plaintiffs) as party Defendants to the above Suit. This Application is

necessitated in view of the fact that the Plaintiff Nos. 24 to 26, 27(A) and

28 to 30 have entered into a settlement with Defendant Nos. 1, 2 and 3

as recorded in the consent terms dated 17th October, 2021 referred to

above.

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                                                   5. IA 3030-21.doc

5. Considering that the aforesaid Plaintiffs have settled their

disputes with Defendant Nos. 1, 2 and 3, they are now transposed as

Defendant No. 45 onwards. The Amendment shall be carried out within

a period of one week from today.

6. The Interim Application is accordingly disposed of.

7. Re-verification is dispensed with.

8. All parties to act on an authenticated copy of this order

digitally signed by the Personal Assistant /Private Secretary/Associate

of this Court.

                                      (B. P. COLABAWALLA, J.)




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