Allowed

Mrs. Shivubai Mahadeo Khatake and Ors. v. Narayan Tukaram Sarvade and Ors.

Bombay HC28 Oct 2021SA/123/2002

Case brief

AI extract

What is this about?

The High Court granted leave to amend the cause title by deleting unnecessary parties and impleading third parties. The Second Appeal was disposed of on the strength of Consent Terms executed amicably by all parties.

What did the court decide?

Leave granted to delete Respondents 2-5 and implead Respondents 6-10; Second Appeal disposed of on Consent Terms; decree to be drawn as per Consent Terms.

Mrs. Shivubai Mahadeo Khatake and Ors. Vs Narayan Tukaram… — Property and Title | Bombay HC (2021)

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 3-Sa-123-2002.odt

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Sajakali Jamadar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 123 OF 2002

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Mrs. Shivubai Mahadeo Khatake And Ors. … Appellants
V/s.

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Narayan Tukaram Sarvade & Ors.… Respondents

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Mr. A.M. Kulkarni,for Appellants.
Mr. Shrishail Sakhare, for Respondent No.1A to 1G.
Mr. Pradeep Salgar, for Respondent Nos. 6 to 10.

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CORAM : A.S. GADKARI, J.
DATE : 28th October, 2021.

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P.C. :

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1. Mr. Kulkarni, learned Advocate appearing for Appellants and Mr.

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Sakhare, learned counsel appearing for Respondent Nos. 1A to 1G, jointly

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submitted that, the Appellants and Respondent Nos. 1A to 1G are the only
contesting parties to the present Second Appeal and Respondent Nos. 2 to 5
are not necessary parties.

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2.Mr. Kulkarni, learned Advocate for Appellants, therefore seeks
leave to delete Respondent Nos. 2 to 5 from the cause title of the present
Second Appeal.

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He further seeks leave to impleade third party (Respondent Nos.6

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to 10) in whose favour, the Appellants and Respondent Nos. 1A to 1G have
created rights, title and interest in respect of suit property.

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Sajakali Jamadar 3-Sa-123-2002.odt

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Leave granted. Necessary amendment be carried out forthwith.

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3. Mr. Kulkarni, learned counsel for the Appellants submitted that,

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the Appellants and Respondent Nos. 1A to 1G have settled the matter
amicably along with Respondents No.6 to 10 and have executed Consent
Terms dated 26th July, 2021. Original copy of the said consent terms dated 26th
July, 2021 is produced on record. The said consent terms are duly signed by
the Appellants and Respondent Nos.1A to 1G and also by Respondent Nos. 6
to 10. Their signatures have been duly identified by their respective
Advocates. To the said consent terms, Earnest Receipt and Agreement along
with other relevant documents are also annexed. The compilation of Consent
Terms is of 108 pages. The said consent terms are taken on record and
marked "X" for identification.

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Undertakings mentioned by Consent Terms are accepted as
undertaking given to this Court by the respective parties.

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4.In view of the consent terms, the Second Appeal is accordingly
disposed of.

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Decree be drawn in terms of Consent Terms dated 26th July, 2021.

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[A.S. GADKARI, J.]

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Digitally signed SAJAKALILIYAKAT by SAJAKALILIYAKATJAMADAR JAMADAR Date: 2021.11.0117:29:14 +0530

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Mrs. Shivubai Mahadeo Khatake and Ors. v. Narayan Tukaram Sarvade and Ors.

Case brief

What is this about?

What did the court decide?

Mrs. Shivubai Mahadeo Khatake and Ors. v. Narayan Tukaram Sarvade and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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