Smt. Ratnaprabha Shamrao Bhosale vs Ramchandra Maruti Bhosale And Ors.
2025 Latest Caselaw 2297 Bom

Bombay High Court

Smt. Ratnaprabha Shamrao Bhosale vs Ramchandra Maruti Bhosale And Ors. on 14 August, 2025

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

2025:BHC-AS:35290                                                           903-SA-64-2011.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                       SECOND APPEAL NO.64 OF 2011
                                                   WITH
                                     CIVIL APPLICATION NO.151 OF 2011
                                                    IN
                                       SECOND APPEAL NO.64 OF 2011

                    Ratnaprabha Shamrao Bhosale                              ...Appellant
                          Versus
                    Ramchandra Maruti Bhosale
                    since deceased through legal heirs
                    Shamrao Marutrao Bhosale
                    since deceased through legal heirs
                    2a) Dattatray Shamrao Bhosale & Ors.                     ...Respondents


                    Mr. Ajit Kenjale a/w. Mr. Azharuddin Khan, for the Appellant.
                    Mr. Pradeep Gole, for the Respondent Nos.2a to 2c.
                    Mr. Vilas B. Tapkir, for the Respondent No.1a.



                                               CORAM:      MADHAV J. JAMDAR, J.

                                               DATED :     14th AUGUST 2025
                    P. C.:

1. At the outset, Mr. Kenjale, learned Counsel appearing for the

Appellant, on instructions of the Appellant, seeks deletion of the

Respondent No.3. Accordingly, leave is granted to delete the

Respondent No.3.

Page 1 Sonali

903-SA-64-2011.DOC

2. Mr. Kenjale, learned Counsel appearing for the Appellant,

Mr. Tapkir, learned Counsel appearing for the Respondent No.1(a)

and Mr. Gole, learned Counsel appearing for the Respondent

No.2(a) to 2(c) state that the parties have settled the dispute. All

of them tendered the Consent Terms. The Consent Terms are

signed by the Appellant-Ratnaprabha Shamrao Bhosale, the

Respondent No.1(a)- Sanjay Suryakant Shitole, Respondent

No.2(a)-Dattatray Shamrao Bhosale, the Respondent No.2(b)-

Mohini Chandrakant Jadhav and the Respondent No.2(c)-Shobha

Bharat Shitole.

3. The Appellant, the Respondent No.1(a) and Respondent

Nos.2(a) to 2(c) are personally present in Court. They state that

the dispute between them is settled in terms of the Consent Terms.

The Consent Terms are also signed by the respective Advocates of

the parties. They identify the signatures of the respective parties.

4. Accordingly, the Consent Terms are taken on record and

marked 'X' for identification. The said Consent Terms read as

under:

Page 2 Sonali

903-SA-64-2011.DOC

Page 3 Sonali

903-SA-64-2011.DOC

Page 4 Sonali

903-SA-64-2011.DOC

Page 5 Sonali

903-SA-64-2011.DOC

Page 6 Sonali

903-SA-64-2011.DOC

Page 7 Sonali

903-SA-64-2011.DOC

Page 8 Sonali

903-SA-64-2011.DOC

Page 9 Sonali

903-SA-64-2011.DOC

5. Various statements made in the Consent Terms are accepted

as undertakings given to this Court.

6. Accordingly, by consent of the parties, Judgment and Decree

dated 29th July 2005 passed by the learned Ciivl Judge, Junior

Division, Khandala in Regular Civil Suit No.195 of 2001 as also the

Judgment and Decree dated 1st September 2010 passed by the

learned Principal District Judge, Satara in Regular Civil Appeal

No.225 of 2005 are quashed and set aside and the said Regular

Civil Suit No.195 of 2001 is decreed in terms of the Consent Terms.

7. Accordingly, the Second Appeal is disposed of in terms of the

Consent Terms.

8. In view of the disposal of the Second Appeal, nothing

survives in the Civil Application and the same is also disposed of.

[MADHAV J. JAMDAR, J.] Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date:

2025.08.14 18:23:37 +0530

Page 10 Sonali