The High Court of Judicature at Bombay disposed of two writ petitions based on consent terms voluntarily signed by the parties in open court, involving the abandonment of a land claim.
Both Writ Petitions WP No. 8552 of 2013 and WP No. 1667 of 2015 are disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8552 OF 2013
Chandrakant Bango Pitambare : Petitioner. Versus Parag Satishchandra Parekh since deceased through LRs Mrs. Deepti Parag Parikh and ors. : Respondents.
ALONG WITH
WRIT PETITION NO.1667 OF 2015
Mrs. Deepti Parag Parikh and ors. : Petitioners. Versus The Hon'ble Member Maharashtra Revenue Tribunal and anr. : Respondents.
Mr. Milind Parab i/by Milind Parab & Associates for the Petitioner in Writ Petition No.8552 of 2013 and for the Respondent No.2 in Writ Petition No.1667 of 2015
Mr. Darshan R Mehta i/by M/s. Dhruve Liladhar & Co. for the Petitioners in Writ Petition No.1667 of 2015 and for the Respondent No.2 in Writ Petition No.8552 of 2013.
CORAM : S. S. SHINDE, J DATE : 19th March 2019
P.C.
1 The learned counsel appearing for the Respondent has tendered across the bar the Consent Terms bearing today's date i.e. 19/03/2019 duly signed by Petitioner in Writ Petition No.8552 of 2013 – Chandrakant Bango Pitambre and Respondent No.2 in Writ Petition No.8552 of 2013 Tushar Parikh. The Consent Terms are also filed by the respective advocates for the
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parties. The same are taken on record and marked “X” for identification.
2 The Petitioner and Respondent are present in Court. They are identified by their respective advocates. On specific query being put forth to the Petitioner and Respondent, they stated that it is their voluntary act to enter into the Consent Terms. They further stated that they have fully understood the contents of the Consent Terms and they have signed the said Consent Terms of their own free will and volition without any undue influence or coercion.
3 The learned counsel for the Petitioner and the Respondent jointly pray that in the light of the Consent Terms, both the Petitions may be disposed of.
4 There is a reference to the legal heirs of the Respondent in clause (6) of the Consent Terms. It is stated that the legal heirs of the Respondent agreed to abandon their claim over 35 gunthas of suit land bearing Survey No.18/1 Pai (New Survey No.18/1/B).
5 The learned counsel for the parties have jointly submitted that no interest of any third party is involved in the subject land.
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6 In view of the Consent Terms arrived at between the parties, both
the above Petitions stand disposed of.
[S. S. SHINDE , J]
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Chandrakant Bango Pitambare
Parag Satishchandra Parekh
Mrs. Deepti Parag Parikh
The Hon'ble Member Maharashtra Revenue Tribunal
S. S. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court