Bombay High Court
Smt. Sulochana Shrikant Shetye ... vs Vijay Govind Shetye(Deced. ... on 16 January, 2023
Bench: Madhav J. Jamdar
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Digitally IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
SONALI
SONALI
MILIND
CIVIL APPELLATE JURISDICTION
MILIND PATIL
PATIL Date:
2023.01.18
09:46:34
+0530
SECOND APPEAL NO.424 OF 2021
WITH
INTERIM APPLICATION NO.3677 OF 2021
Smt. Sulochana Shrikant Shetye
deceased through legal heirs
Shri. Chittaranjan Shrikant Shetye & Anr. ...Appellants
Versus
Vijay Govind Shetye
deceased through legal heirs
Smt. Vaishali Vijay Shetye & Ors. ...Respondents
Mr. S. S. Pakale, i/b. Mr. S. M. Katkar, for the Appellants.
Mr. Valmiky H. Narvekar, for the Respondent Nos. 1A to 1C.
CORAM : MADHAV J. JAMDAR, J.
DATED : 16th JANUARY 2023
P.C. :
1. Heard Mr. Pakale, learned counsel appearing for the
Appellants and Mr. Narvekar, learned counsel appearing for
Respondent Nos. 1A to 1C, who are the contesting Respondents.
2. The Respondent Nos. 2 to 5 are the State Authorities and
Respondent Nos. 6, 7 and 8 are the officials of the State
Government.
3. Both Mr. Pakale, learned counsel appearing for the
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Appellants and Mr. Narvekar, learned counsel appearing for
Respondent Nos. 1A to 1C, i.e. contesting Respondents state
that the Appellants and Respondent Nos. 1A to 1C have settled
the dispute. Both of them tendered the Consent Terms. The
Consent Terms are taken on record and marked 'X' for
identification. The Consent Terms are signed by the Appellants
as well as by the Respondent Nos. 1A to 1C. The Appellant No.2
and Appellant No.3 are present in Court. Mr. Pakale states that
the Appellant No.1 passed away and Appellant No.2 and
Appellant No.3 are the only legal heirs and representatives of
the deceased Appellant No.1. The Respondent Nos. 1A to 1C are
also present in Court.
4. The Consent Terms also bears signature of the respective
Advocates of the parties and they identify the respective
signature of Appellants and Respondents. The Appellant No.2,
Appellant No.3 and Respondent Nos. 1A to 1C who are present
in the Court state that the Consent Terms are arrived at as per
the compromise between them. The Consent Terms read as
follows:-
CONSENT TERMS
1) "The Appellants have filed the above Second
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Appeal challenging the impugned judgment and
order dated 09.08.2021 passed by the Ld. Principal
District Judge, Ratnagiri dismissing Regular Civil
Appeal No. 61 of 2016 and thereby confirming the
impugned judgment and decree dated 02.05.2013
passed by the Ld. Civil Judge Senior Division,
Ratnagiri in Special Civil Suit No. 74 of 2011.
2) The contesting parties to the above Second
Appeal i.e. the Appellant Nos. 2 and 3 on one hand
and the Respondent Nos. 1(a) to 1(c) on the other
hand (hereinafter referred to as 'the parties') have
arrived at an amicable settlement and are,
therefore, desirous of reducing the same into
writing by way of consent terms which are
reproduced hereunder.
3) The parties have three pending inter-se
disputes in total in respect of three different suit
lands, which are as under :
a) Second Appeal No. 424 of 2021, i.e. the
above Second Appeal filed in this Hon'ble
Court
b) Regular Civil Appeal No. 7 of 2019 filed
by the Appellants before the District Court,
Ratnagiri challenging the judgment and
decree dated 15.12.2018 passed by the Ld.
Civil Judge Senior Division, Ratnagiri in
Special Civil Suit No. 11 of 2015
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c) Special Civil Suit No.46 of 2018 filed by
the Respondent Nos. 1(a) to 1(c) in the Court
of Civil Judge Senior Division, Ratnagiri
4) In respect of the above Second Appeal, the
Appellants agree and undertake to accept and abide
by the impugned judgment and decree dated
02.05.2013 passed by the Ld. Civil Judge Senior
Division, Ratnagiri in Special Civil Suit No. 74 of
2011. The Appellants accept and acknowledge that
the Respondent Nos. 1(a) to 1(c) are alone entitled
to withdraw the entire decretal amount of Rs.
17,29,429/- along with interest @ 10 p.c.p.a. from
07.02.2008 to 28.02.2012 which has been granted
by the Ld. Civil Judge, Senior Division, Ratnagiri. As
per the directions of the Ld. District Court,
Ratnagiri, the said decretal amount of Rs.
17,29,429/- was deposited by the State Government
and is currently lying in Current Fixed Deposit
Account bearing receipt no. 302483 maintained
with the Bank of Maharashtra, Gogate College
Branch, Ratnagiri. Also, as per the directions of the
Ld. District Court, the amount of interest @ 10
p.c.p.a. granted by the Ld. Civil Judge, Senior
Division, Ratnagiri in the suit amounting to Rs.
7,02,196/- was also deposited by the State
Government and is currently lying in Current Fixed
Deposit Account bearing receipt no. 538433
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maintained with the Vijaya Bank, Ratnagiri Branch.
The said decretal amount as well the amount of
interest as explained above has matured over the
years during pendency of Regular Civil Appeal No.
61 of 2016 as well as the present Second Appeal.
The parties accept and acknowledge that the
Respondent Nos. 1(a) to 1(c) shall alone be entitled
to withdraw the entire matured amount alongwith
the accrued interest, whatever the quantum thereof
may be, lying in the said Fixed Deposit Accounts
and the Appellants shall have no right to claim any
part or share thereof at any point of time under any
circumstances whatsoever. Thus, the Appellants
agree and undertake to withdraw the above Second
Appeal along with the Interim Application filed
therein.
5) In respect of Regular Civil Appeal No. 7 of
2019 filed by the Appellants and pending before the
District Court, Ratnagiri, the Appellants agree and
undertake to accept and abide by the impugned
judgment and decree dated 15.12.2018 passed by
the Ld. Civil Judge, Senior Division, Ratnagiri in
Special Civil Suit No. 11 of 2015. The Appellants
accept and acknowledge that the Appellants shall
pay the entire decretal amount of Rs.9,48,302.60/-
along with interest @ 10 p.c.p.a. from 31.12.2012 to
21.02.2015 which has been granted by the Ld. Civil
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Judge, Senior Division, Ratnagiri. The Appellants
also accept and acknowledge that as per clause 5 of
the said judgment and decree dated 15.12.2018, the
Appellants shall pay to the Respondent Nos. 1(a) to
1(c) the interest of 6 p.c.p.a on the said decretal
amount till the date its actual payment is made to
the Respondent Nos. 1(a) to 1(c) and realized. The
parties agree and acknowledge that the total
amount receivable by the Respondent Nos. 1(a) to
1(c) along with the said interest as directed by the
Ld. Civil Judge, Senior Division, Ratnagiri upto
25.01.2023 comes to Rs.18,47,143/-. The Appellants
agree and undertake to deposit the said amount of
Rs.18,47,143/- before the Ld. District Court,
Ratnagiri on 25.01.2023 in equal proportion, i.e.
Rs.9,23,572/- shall be deposited by the Appellant
No.2 and Rs.9,23,572/- shall be deposited by the
Appellant No.3 and thereafter, the Respondent Nos.
1(a) to 1(c) alone shall be entitled to withdraw the
said amounts from the Ld. District Court, Ratnagiri.
As per the directions of the Ld. District Court,
Ratnagiri, the decretal amount mentioned in clause
no.2 of the judgment and decree dated 15.12.2018
passed by the Ld. Civil Judge, Senior Division,
Ratnagiri, the amount of Rs. 3,37,587/- was
deposited by the State Government and is currently
lying in a fixed deposit account. The said decretal
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amount as mentioned in clause no.2 of the judgment
and decree dated 15.12.2018 has matured over the
years during pendency of Regular Civil Appeal No. 7
of 2019. The parties accept and acknowledge that
the Respondent Nos. 1(a) to 1(c) shall alone be
entitled to withdraw the entire matured amount
alongwith the accrued interest, whatever the
quantum thereof may be, lying in the said Fixed
Deposit Account and the Appellants shall have no
right to claim any part or share thereof. Thus, the
Appellants agree and undertake to withdraw
Regular Civil Appeal No. 7 of 2019 pending before
the District Court, Ratnagiri.
6) The parties agree and accept that only after
the conditions mentioned in clauses no. 4 and 5 are
fulfilled by the Appellants, i.e. only after the above
Second Appeal and Regular Civil Appeal No. 7 of
2019 are withdrawn by the Appellants and the
deposited decretal amounts (matured amounts
alongwith the accrued interest lying in the Fixed
Deposit Accounts as explained hereinabove)
alongwith the amount of Rs.18,47,143/- which the
Appellants have agreed to deposit before the Ld.
District Court, Ratnagiri on 25.01.2023 has been
entirely received by the Respondent Nos. 1(a) to
1(c), the Special Civil Suit No.46 of 2018 filed by the
Respondent Nos. 1(a) to 1(c) in the Court of Civil
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Judge Senior Division, Ratnagiri shall be withdrawn
by the Respondent Nos. 1(a) to 1(c). By
withdrawing the said suit, i.e. Special Civil Suit
No.46 of 2018, the Respondent Nos. 1(a) to 1(c)
confirm and acknowledge that the Respondent Nos.
1(a) to 1(c) hereby release and relinquish their
respective shares in respect of the amount claimed
in the said suit in favour of the Appellants. The
Respondent Nos. 1(a) to 1(c) have no objection if
the said amount which has been claimed by the
Respondent Nos. 1(a) to 1(c) in the said suit is
withdrawn by the Appellants or is granted in favour
of the Appellants by the State Government.
7) The parties accept and acknowledge that the
parties have read and understood the contents of
the present consent terms. The parties accept and
acknowledge that none of the parties have been
under any pressure, force, coercion, fraud,
misrepresentation, etc from either party or any
other person and the parties are signing the present
consent terms as per their own free will and volition
and with a view to put an end to their on-going
family disputes.
8) In view of the above, the present Second
Appeal and the Interim Application may be disposed
of accordingly by this Hon'ble Court and a consent
decree be passed in accordance with the present
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Consent Terms."
5. The undertakings in the Consent Terms of respective
parties are accepted as the undertakings given to this Court.
6. The Second Appeal is disposed of in terms of the Consent
Terms.
7. In view of the disposal of the Second Appeal, nothing
survives in the Interim Application and the same is disposed of
as such.
[MADHAV J. JAMDAR, J.]
