Rajendrakumar Dashrath Kale vs Dashrath Deoram Kale And Ors
2023 Latest Caselaw 11529 Bom

2023:BHC-AS:34873

                                                            1_sa_123_2022.odt

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                              SECOND APPEAL NO.123 OF 2022
                                           WITH
                           INTERIM APPLICATION NO.805 OF 2022
                                            IN
                              SECOND APPEAL NO.123 OF 2022
               Rajendrakumar Dashrath Kale             ...Appellant
                                      Versus
               Dashrath Deoram Kale and Ors.                        ...Respondents
                                                ...
               Ms Rama Somani with Mr. Chetan Alai for the Appellant.
               Mr. Sachin Gite for the Respondents.

                                                CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 8th NOVEMBER, 2023.

P. C. :-

1. The Appellant herein, who was the original Plaintiff had

challenged the judgment and order dated 20/01/2020 whereby the

learned District Judge-5, Nashik, dismissed the Regular Civil Appeal

No.403 of 2016 and confirmed the judgment and decree dated

04/07/2016 passed by the learned Joint Civil Judge, Junior Division,

Sinnar, Nashik in Regular Civil Suit No.153 of 2010.

2. Learned counsel for the Appellant and the Respondents

state that during the pendency of this appeal, the parties have arrived

at an amicable settlement. They have placed on record the consent

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1_sa_123_2022.odt

terms, which are duly signed by all the parties and their respective

counsel. The Appellant as well as the Respondents are present before

the Court. They have been identified by their respective counsel.

They confirm their signatures on the consent terms and confirmed the

contents of the consent terms as well as family partition deed, copy of

which is annexed to the consent terms. Since the parties have arrived

at consent terms willingly on their own volition, second appeal stands

disposed as per the consent terms.

3. The decree is modified as per the consent terms. Partition

deed shall form part of the consent decree.

4. The appeal as well as the civil application stands disposed

of.

                                       (SMT. ANUJA PRABHUDESSAI, J.)




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