M/S Gururaj Developers Through ... vs Vivek Jaganath Khangate And Ors
2022 Latest Caselaw 9291 Bom

                   Tikam                         1/3
                                                              12- WPST 17689 of 2021

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                 CIVIL APPELLATE JURISDICTION

VAISHALI                      WRIT PETITION (ST) No. 17689 OF 2021
ANIL
TIKAM
                   M/s. Gururaj Developers
Digitally signed
by VAISHALI
                   thr. Its Parnters Shri Premji V. Patel        ...Petitioner
ANIL TIKAM              Vs.
Date:
2022.09.17
11:22:54 +0530     Vivek Jaganath Khangate and Ors.              ...Respondents
                                                ****

                   Mr. S.G. Karandikar i/b. J.M. Joshi for Petitioner
                   Mr. Kuldip Pawar a/w. Pravinkumar More for
                   Respondent No.1

                                          Coram : Sandeep K. Shinde, J.

Dated: 15th September, 2022.

P.C. :

1. The order dated 27th December, 2013 passed by the

Sub-Divisional Officer, Thane in Tenancy Appeal No. 131 of

2012, inter alia, granting the permission under Section 43 of the

Bombay Tenancy and Agricultural Land Act was quashed and

set aside by the Maharashtra Revenue Tribunal vide judgment

and order dated 2nd April, 2018 and thereafter confirmed the said

order in Review by order dated 23rd July, 2021.

2. Apparently, validity of sale deed executed in

pursuance of the permission granted under Section 43 of Tikam 2/3 12- WPST 17689 of 2021

Bombay Tenancy and Agricultural Lands Act was challenged in

the 476/2021 Shri Vivek Jagannath Khangate, who had filed the

suit, is the Respondent No.1 herein. Learned counsel appearing

for Shri Vivek Jagannath Khangate submits that in the said suit,

the parties have filed the consent terms and the Special Civil Suit

No. 476/2021 has been disposed of and consent decree has been

drawn. A copy of order dated 22nd August, 2022 passed in the

Special Civil Suit No. 476/2021 instituted by the Respondent

No.1 is taken on record and marked 'X-1' for identification.

3. The parties to the petition have filed the consent

terms, which are taken on record and marked 'X-2' for

identification. The Clause No.5 and Clause No. 6 of the Consent

Terms read as under:-

"5. In view of the aforesaid, since,the entire dispute between the parties is amicably settled, the Respondent No.1 herein, hereby agrees to and gives consent to quash and set aside the impugned judgment and order dated 23.07.2021 passed by the Hon'ble Maharashtra Revenue Tribunal , Mumbai in the said Review Application bearing No. TNC/ REVIEW/ THN/08/2018 so also to quash and set aside the Judgment and order dated 02nd April,2018 passed by the Hon'ble Member (Administrative) Maharashtra Revenue Tribunal, Mumbai in TNC /REV / THN/220/2014.

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                                            12- WPST 17689 of 2021

6. The Respondent no.1 hereby agrees to and gives consent to confirm the order dated 27th December, 2013 passed by the learned Sub-Divisional Officer, Thane in Tenancy Appeal no. 131 of 2012, by which an order bearing no. SR No.97/2008 dated 06th January, 2010 passed by the learned Sub-Divisional Officer, Thane in respect of the Suit Property was confirmed."

4. The parties to the Consent Terms are present in the

Court. They admit their signatures and the contents of the

Consent Terms- X-2.

5. In view of the recitals in paragraphs 5 and 6 of the

Consent Terms (X-2), the writ petition is disposed of.

(Sandeep K. Shinde, J.)