The High Court disposed of an appeal and suit wherein parties agreed to settle a property dispute. The settlement provided for the sale of the suit flat, distribution of proceeds, and permission to the defendant to occupy until sale.
The appeal, suit, and notice of motion were disposed of in terms of the settlement agreement reached between the parties.
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APP-203-12.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.203 OF 2012 IN
NOTICE OF MOTION NO.3286 OF 2011 IN
SUIT NO.1462 OF 2011
Naina Avinash Rao Versus Devdas Bhujang Rao and others.
... Appellant
... Respondents
Mr.Rohan Cama with Mr.Prakash Muley i/by M/s. Gopal Poojary & Co. for appellant. Mr.Nishant Sasidharan with Mr.E.K.Sasidharan for respondent No.1.
CORAM : MOHIT S. SHAH, C.J. & N.M. JAMDAR, J.
Wednesday, July 18, 2012
P .C.
This appeal is directed against the order dated 21 February 2012 of the learned trial Judge of this Court dismissing the notice of motion for appointment of Court Receiver of the suit flat and for an interim injunction to restrain defendant No.1 from creating any third party rights in the suit flat.
2. At the hearing of this appeal, the parties have agreed to settle the dispute between the parties. The learned counsel for the appellant-plaintiff states that plaintiff Smt.Naina Avinash Rao has the authority to settle the dispute on behalf of defendant No.2-Shri Vijay Prakash Rao, defendant No.3Smt. Bharthi Sadashiv Gurpur and also defendant Nos.4,5,6 and 7, the legal heirs of the deceased Shri Ullhas Bhujang Rao. Accordingly, the learned
1 of
SRK
APP-203-12.sxw
counsel for the appellant-plaintiff and the learned counsel for respondent No.1 pray that the appeal as well as the suit be disposed of in terms of the following settlement between the parties:-
2 of
SRK
APP-203-12.sxw
CHIEF JUSTICE
N.M. JAMDAR , J .
3 of
SRK
2 issues framed by the court
Whether the appeal and suit regarding the appointment of a Court Receiver and interim injunction be disposed of in light of an agreed settlement.
How the suit flat and sale proceeds should be distributed amongst the parties.
Naina Avinash Rao
Devdas Bhujang Rao
MOHIT S. SHAH
N.M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
