Mr. Sakharam Maruti Bhondave vs Mr. Vinayak Pandharinath ...
2022 Latest Caselaw 11094 Bom

                                                                   3-ASFA-121-2017-WITH-CAF-25-2019.DOC
                      Digitally signed by IRESH
IRESH SIDDHARAM       SIDDHARAM MASHAL
MASHAL                Date: 2022.10.20 15:54:11
                      +0530




              Iresh



                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                    FIRST APPEAL NO. 121 OF 2017
              Sakharam Maruti Bhondve                                                     ...Appellant
                   Versus
              Vinayak Pandharinath Bhongale & Ors                                      ...Respondent

                                                               WITH
                                                  CIVIL APPLICATION NO. 25 OF 2019
                                                                IN
                                                    FIRST APPEAL NO. 121 OF 2017
              Vinayak Pandharinath Bhongale                                               ...Applicant
                   Versus
              Sakharam Maruti Bhondave & Anr                                           ...Respondents


              Mr NV Vechalekar, i/b NV Vechalekar & Co. for the Appellant.
              Mr Chaitanya Nikte, for Respondent No. 1.


                                                        CORAM      G.S. Patel &
                                                                   Gauri Godse, JJ.

                                                        DATED:     19th October 2022
              PC:-


              1.              All concerned are present in the Court.

2. Original Defendant No. 2 is the Appellant. Respondents Nos. 2 to 4 are the original Defendants Nos. 1, 3 and 4. Respondent No. 1 was the original Plaintiff in Special Civil Suit No. 206 of 2012 before the Civil Judge Senior Division, Pune for specific performance of an

19th October 2022 3-ASFA-121-2017-WITH-CAF-25-2019.DOC

agreement of 17th August 2010. Respondents Nos. 2 to 4 have already conveyed their interests in the property in question to Respondent No. 1, the original Plaintiff. The surviving lis is therefore only between the Appellant and Respondent No. 1.

3. Between the Appellant and Respondent No. 1 consent terms are drawn. They are signed by the Appellant and by the 1st Respondent and their respective Advocates. The consent terms are tendered, taken on record and marked 'X' for identification with today's date. The consent terms are in order. They are not contrary to the law. We are satisfied that the consent terms have been drawn by the parties of their own volition and reflection of their true intentions. The undertakings in the consent terms are accepted as undertakings to the Court.

4. The First Appeal is disposed of with an order in terms of the consent terms. In view thereof, the Suit is disposed of against Respondents Nos. 2 to 4 (original Defendants Nos. 1, 3 and 4) and the Judgment and Decree dated 23rd September 2016 stands modified in terms of the consent terms. The decree will be drawn accordingly.

5. The consent terms contemplate payment of some amount and also the withdrawal of certain amounts lying deposited with the Trial Court. It is clarified that once those payments are made and the allotment contemplated under consent terms is effected, the modified Decree will stand marked satisfied. If the amounts are paid

19th October 2022 3-ASFA-121-2017-WITH-CAF-25-2019.DOC

in installments or tranches, it is open to the parties to have the decree marked partly satisfied to the extent of the payment.

6. A soft copy of the Consent Terms will be uploaded as the second order in the matter.

7. The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

8. For the purposes of effecting transfers of the immovable property, an authenticated or certified copy of the consent terms as also of this order may be lodged before any of the authorities including the Collector/Superintendent of Stamps and a Sub- Registrar of Assurances. Those authorities will act on production of an authenticated or certified copy of the order and will not raise an objection that those authorities or their departments were not party to this First Appeal.

9. Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Registrar ( Judicial) will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application.

19th October 2022 3-ASFA-121-2017-WITH-CAF-25-2019.DOC

10. All pending Interim Applications stand disposed of accordingly.

11. The Appeal is disposed of in these terms.

(Gauri Godse, J)                                    (G. S. Patel, J)





                         19th October 2022