Jaysingh Bapu Gole vs Bhiva Ramchandra Talekar(Since ...
2023 Latest Caselaw 4812 Bom

2023:BHC-AS:13818
                                                                                 5.sa.550.2020.doc


                    Harish

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                      SECOND APPEAL NO.550 OF 2020
                                                 WITH
                                   INTERIM APPLICATION NO.4303 OF 2019
                                                   IN
                                      SECOND APPEAL NO.550 OF 2020

                    Jaysingh Bapu Gole                               ...Appellant
                             Versus
                    Bhiva Ramchandra Talekar
                    Since deceased through his heirs &
                    legal representatives
                    1. Sunita Bhiva Talekar & Ors.                   ...Respondents

                    Mr. Dilip Bodke, for the Appellant/Applicant.
                    Mr. Suresh Kamble a/w Mr. Sagar Talekar, for the
                    Respondents.

                                               CORAM : MADHAV J. JAMDAR, J.

DATE : 04th May 2023

P.C.:

1. Mr. Bodke, learned counsel appearing for the Appellant and

Mr. Kamble, learned counsel appearing for the Respondents

tender the Consent terms. The Consent Terms are signed by the

Appellant as well as the Respondents. The respective Advocates

identify the signatures of the respective parties. The Appellant -

Jaysingh Bapu Gole as well as all the Respondents i.e. Sunita

Bhiva Talekar, Ragini Bhiva Talekar, Tejasvi Bhiva Talekar,

Rasika Bhiva Talekar & Raj Bhiva Talekar are present in court.

5.sa.550.2020.doc

2. The Appellant and the Respondents confirm that, the

dispute in the Second Appeal is settled between the parties and

the Consent terms are arrived at as per the said settlement.

3. Learned counsel appearing for the Appellant and the

Respondents state that, amount of Rs. 5,50,000/- as mentioned

in Clause No. 4 is received by the Respondents by way of Demand

Draft and balance amount of Rs. 1,50,000/- will be paid

afterwards. The said Consent terms are taken on record and

marked 'X' for identification.

4. Accordingly, the judgment and decree dated 27 th August,

2019 passed by the learned First Appellate Court in Regular Civil

Appeal No. 64 of 2012 and judgment and decree dated 20 th

October, 2012 passed by the learned Trial Court in Regular Civil

Suit No. 99 of 2001 is quashed and set aside and the said Regular

Civil Suit No. 99 of 2001 is decreed in terms of the Consent terms.

5. The Second Appeal is disposed of in terms of the Consent

terms with no order as to costs.

6. In view of disposal of Second Appeal, nothing survives in the

Interim Application and the same is also disposed of.

(MADHAV J. JAMDAR, J.)