The High Court disposed of a writ petition based on consent terms executed by the parties via notary and affidavits, marking the case settled without costs.
The writ petition was disposed of in terms of the consent terms marked on record.
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Digitally signed by PRASHANTVILASRANE PRASHANTVILAS RANEDate:2021.10.12 19:41:30 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5693 OF 2021
1.Khanderao Pandurang Sarak & Anr. … Petitioners Vs.1.Dagadu Dhondi Venupure & Ors.… Respondents
Mr.Vaibhav R.Gargade with Mr.Vijay Mangarule, for the Petitioners.
Mr.P.P. Pujari, AGP for Respondent nos.6 & 7.
Mr.Tushar Sonawane with Mr.Pankaj Deokar, for Respondent Nos.1 to 5.
CORAM : G.S. KULKARNI, J.
DATE : 11st October, 2021
P.C.:
1.Learned Counsel for the petitioners and respondent nos.1 to 5
have tendered the consent terms arrived between the parties which are
executed on 25 August 2021 before Shri.Mahendra J.Nalawade, Notary
Public who has put his stamp and has also certified the execution before
him.
2.Mr.Gargade, learned Counsel for the petitioners states that the
petitioners are present in the Court. Mr.Sonawane, learned Counsel for
respondent nos.1 to 5 submits that respondent nos.2, 3, 4 are present as
also wife of respondent no.5 is also present in the Court.
3.Learned Counsel for the parties state that respondent no.2--
Maruti Dagadu Venupure has been granted power of attorney by
respondent no.1-Dagadu Dhondi Venupure, who is a senior citizen who
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would not be in a position to leave the house. A copy of the power of
attorney dated 23 September 2021 is placed on record by the learned
Advocate for respondent nos.1 to 5 which is marked “A” for
identification.
4.The consent terms are signed by petitioner no.1 and petitioner
no.2 as also their thumb impressions are affixed. They are signed on
behalf of respondent no.1 by respondent no.2-power of attorney holder
as noted above and by respondent no.2 himself in his personal capacity,
and are independently signed by respondent nos.3 to 5. They are also
initialed by their respective Advocates. The signatures of the parties on
the consent terms are identified by their respective Advocate as well.
Parties do not dispute the signatures on the consent terms.
5.Mr.Sonawane has stated that respondent no.1 who has issued a
power of attorney in favour of respondent no.2- Maruti Dagadu
Venupure, has also made a separate affidavit dated 29 September 2021
which is affirmed before Mr.Dipak V.Choudhari, Notary bearing his
signature and stamp. His affidavit states that he has read the consent
terms and he is agreeable to all the terms and conditions as set out in
the consent terms and that because of his old age, he would not be able
to attend the hearing of this Case. Such affidavit is taken on record and
marked as “B” for identification.
6.Mr.Sonawane has submitted that respondent no.5-Santosh Bhau
Venupure who has also signed the consent terms, is not keeping well. He
has also made a separate affidavit dated 24 September 2021 before the
Executive Magistrate, Bhor, District Pune, stating that he is not keeping
well and hence, he is unable to attend the Court, and that he is
agreeable to the terms and conditions as set out in the consent terms as
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arrived between the parties. Such affidavit is taken on record and
marked “C” for identification.
7.Learned Counsel for the petitioners states that he has instructions
to make statement that his client is satisfied in regard to the affidavits as
placed on record by respondent nos.1 and 5 as also on the execution of
the consent terms on behalf the respondents. He has stated that his
clients do not have any grievance and accept the consent terms and that
the petition be disposed of in terms of the consent terms.
8.In the aforesaid circumstances, there appears to be no dispute that
as the parties have wholeheartedly entered into a settlement as per the
consent terms tendered. The consent terms are accordingly taken on
record and marked “X” for identification. The petition is accordingly
disposed of in terms of the consent terms. No costs.
9.Needless to observe that if the amount as agreed in paragraph
1(a) of the consent terms, is not received by the petitioners, in that
event, it will be open to the petitioners to adopt appropriate
proceedings.
10.Parties to act on authenticated copy of this order.
(G.S. KULKARNI, J.)
Khanderao Pandurang Sarak
Dagadu Dhondi Venupure
Maruti Dagadu Venupure
G.S. KULKARNI
As recorded by the court registry
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