Bombay High Court
Shri. Hindurao Balu Patil And ... vs Shri. Ananda Balu Patil on 16 June, 2023
Bench: Madhav J. Jamdar
2023:BHC-AS:16473
917-sa-282-2015.doc
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.282 OF 2015
WITH
INTERIM APPLICATION NO.16893 OF 2022
IN
SECOND APPEAL NO.282 OF 2015
Shri. Hindurao Balu Patil and Ors. ...Appellants
Versus
Shri. Ananda Balu Patil ...Respondent
Mr. Anand S. Patil a/w Mr. Sandip Kagade, for the Appellants.
Mr. Sangramsinh Yadav a/w Mr. Harvinder Kaur Rogi i/b. Mr.
Abhijit Adagule, for the Respondent in SA/282/2015.
CORAM : MADHAV J. JAMDAR, J.
DATE : 16th JUNE 2023
P.C. :
1. Mr. Anand Patil, learned counsel appearing for the Appellants
and Mr. Yadav, learned counsel appearing for the Respondent tender
Consent Terms dated 16th June 2023. The Consent Terms are signed
by the Appellants and the sole Respondent.
2. In the Court, Appellant No.1 - Hindurao Balu Patil, heirs of
Appellant No.2 namely Anusaya Gundu Patil and Rajendra Gundu
Patil, son of Appellant No.3 i.e. Dattatray Khandu Patil, Appellant
No.4(a) - Sangita Mukunda Patil, Appellant No.4(b)- Pratiksha
Mukunda Patil, Appellant No.4(c) Prathamesh Mukunda Patil and
917-sa-282-2015.doc
Pallavi
sole Respondent - Ananda Balu Patil are personally present. Learned
Advocate Mr. Anand S. Patil also tenders in Court photocopies of
Aadhar Cards of all the Appellants and learned Advocate Mrs. Yadav
tenders photocopy of Aadhar Card of the sole Respondent.
Photocopies of respective Aadhar Cards are self attested by the
respective parties. Appellant No.3 i.e. Khandu Balu Patil is although
present in the Court premises, however, as he is not able to walk he is
not personally present in the Court Room. However, his son Dattatray
Khandu Patil is present in the Court. All the Appellants who are
present in the Court and the sole Respondent as well as the son of
Appellant No.3 states that the dispute between them has been
amicably resolved in terms of the Consent Terms. The said Consent
Terms are signed by all the Appellants and sole Respondent. On every
page of the Consent Terms, learned Advocate appearing for the
Appellants and the learned Advocate appearing for the sole
Respondent have put their signatures for identification purpose. The
last page of the Consent Terms is signed by all the Appellants and the
sole Respondent and their respective signatures are identified by the
respective Advocates. The learned Advocate appearing for the
Appellants and the sole Respondent states that the Consent Terms are
917-sa-282-2015.doc
Pallavi
executed by the respective parties. All the Appellants and the sole
Respondent have submitted that the dispute between them is
resolved in accordance with the Consent Terms. Accordingly, the
Consent Terms are taken on record and marked 'X' for identification.
Photocopies of Aadhar Card of all the Appellants as well as the sole
Respondent are also taken on record and marked 'X1' for
identification.
3. In view of the Consent Terms, the Judgment and Decree dated
29th March 2012 passed by the learned Civil Judge, Junior Division,
Kagal in Reg. Civil Suit No.132 of 2011 as well as the Judgment and
Decree dated 19th August 2014 passed by the learned Ad-hoc District
Judge-3, Kolhapur in Reg. Civil Appeal No.176 of 2012 are quashed
and set aside and said Reg. Civil Suit No.132 of 2011 is decreed in
terms of the Consent Terms. The soft copy of Consent Terms arrived
between the parties is uploaded separately as second order.
4. Second Appeal is disposed of in above terms with no order as
to costs. In view of the disposal of the Second Appeal, nothing
survives in the Interim Application for Stay and the same is also
disposed of.
[MADHAV J. JAMDAR, J.]
