In two settled writ petitions, the High Court disposed of both #1763 and #2284 of 2005 based on submitted Consent Terms and removed a non-contesting respondent from the array.
Both writ petitions disposed of on consent; Respondent No. 1 in WP No. 1763 of 2005 deleted from array.
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.
ssm 1 2-3wp1763.05-2284.05.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1763 OF 2005
Venubai Balkrishna Raut
(Since deceased) Through LRS
1) Gajanan Balkrishna Raut,
(Since deceased) Through LRS
Indumati Gajanan Raut & Ors.…..Petitioners.
Vs.
Kala Mody
(Since deceased)
Through LRS & Ors.…..Respondents.
WITH
WRIT PETITION NO. 2284 OF 2005
Venubai Balkrishna Raut
(Since deceased) Through LRS
1) Gajanan Balkrishna Raut,
(Since deceased) Through LRS
Indumati Gajanan Raut & Ors.…..Petitioners.
Vs.
Miss. Sushila Ganpat Raut
(Since deceased)
Through LRS & Ors.…..Respondents.
Mr. P.J. Thorat for the Petitioners.
Mr. Harshad M. Inamdar for the Respondents.
CORAM : A. S. GADKARI, J.
DATE : 27th OCTOBER, 2021.
P.C.:-
Mr. Thorat, learned counsel appearing for the Petitioners in
both the Writ Petitions submitted that, the Petitioners and Respondents
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ssm 2 2-3wp1763.05-2284.05.doc
have settled the matter amicably and have entered into the Consent Terms
dated 27th October, 2021. He tendered across the bar, Consent Terms dated
27th October, 2021. The said Consent Terms are duly signed by the
Petitioner Nos.1(a) to 1(c) and Respondent Nos.2(a)(i), 2(a)(iii), 2(b),
2(c), 2(d) and 2(f), who are also the legal heirs of Original Respondent
No.2-Miss. Sushila Ganpat Raut. Their signatures have been identified by
their respective Advocates. The said Consent Terms dated 27th October,
2021, are taken on record and marked “X” for identification. The
undertakings mentioned by the respective parties in the said Consent Terms
are accepted as undertakings given to this Court.
2Mr. Thorat further submitted that, the Respondent No.1 in Writ
Petition No.1763 of 2005 is not a contesting Respondent and needs to be
deleted from the array of the Respondents.
At his request, name of the Respondent No.1 is deleted from
the array of Respondents.
3In view of the Consent Terms dated 27th October, 2021, both
the Writ Petitions are accordingly disposed off.
(A.S. GADKARI, J.)
Digitally signed SANJIV by SANJIVSHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2021.10.29 17:48:59 +0530
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Venubai Balkrishna Raut
Gajanan Balkrishna Raut
Kala Mody
Miss. Sushila Ganpat Raut
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court