Appeals against two trial court orders were disposed of after counsel submitted that parties signed Consent Terms amicably resolving disputes. The Court accepted the terms as undertakings.
Impugned orders modified; rights and entitlements governed by arranged consent terms.
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
APPEAL FROM ORDER NO.327 OF 2022
WITH INTERIM APPLICATION NO.2302 OF 2022 IN APPEAL FROM ORDER NO.327 OF 2022
Mahadu Hari Alandkar since deceased through LHs ....Appellants/Applicants V/S Kisabai Ganpat Alandkar since deceased & Ors. . ....Respondents
....Appellants/Applicants
WITH APPEAL FROM ORDER NO.250 OF 2022 WITH INTERIM APPLICATION NO.1733 OF 2022 IN APPEAL FROM ORDER NO.250 OF 2022
Navnath Dattatray Lokhande & Anr. ....Appellants/Applicants V/S
Mahadu Hari Alandkar deceased through His LRs & Ors. ....Respondents
Mr. Sumit S. Kothari, for the Appellants/Applicants in AO 327 of 2022 and for the Respondents in AO 250 of 2022.
Mr. Chaitanya B. Nikte, for the Appellants/Applicants in AO 250 of 2022 and for the Respondents in AO 327 of 2022.
CORAM: SANDEEP V. MARNE, J. DATE : NOVEMBER 08, 2023.
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P.C.:
1 Mr. Kothari and Mr. Nikte, the learned Advocates appearing for contesting parties would jointly submit that the parties have amicably resolved disputes amongst them and that they have signed and executed the Consent Terms. The Consent Terms which are tendered before the Court are taken on record and marked ‘X’ for identification. The Consent Terms are signed by all the parties to the Appeals (except Mr. Navnath Dattatray Lokhande and Mr. Aniket Mahendra Mandhare) who are present before the Court and admit their signatures as well as contents of the Consent Terms. Shri Navnath Dattatray Lokhande and Mr. Aniket Mahendra Mandhare were personally present before the Court yesterday i.e. on 7 November 2023 and have confirmed before the Court having signed the Consent Terms. The learned Advocates appearing for the consenting parties identify the signatures of the contesting parties on the Consent Terms.
2 Both the Appeals are accordingly disposed of in view of the Consent Terms. The impugned order passed by the Trial Court shall stand modified and instead the arrangement agreed in the Consent Terms would govern the rights and entitlements of the parties. The statements made in the Consent Terms are accepted as Undertakings given to this Court.
3 In view of the disposal of the Appeals, both the Interim Applications are also disposed of accordingly.
(SANDEEP V. MARNE, J.)
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Mahadu Hari Alandkar since deceased through LHs
Kisabai Ganpat Alandkar since deceased & Ors.
Navnath Dattatray Lokhande
Mahadu Hari Alandkar deceased through His LRs & Ors.
SANDEEP V. MARNE
As recorded by the court registry
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