High Court disposed of a Civil Revision Application where parties settled the dispute via Consent Terms. Court accepted execution of payment and handover of possession as per settlement.
Civil Revision Application disposed of by accepting undertakings in executed Consent Terms regarding payment and handover of premises.
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62-cra-194-2009.doc
Pallavi
PALLAVI MAHENDRA WARGAONKAR
Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2023.07.10 19:19:46 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.194 OF 2009
Sayed Akbar S/o Sayed Ibrahim Kadri
Since Deceased Through Legal Heirs
1/a. Sayed Aktar S/o Sayed Akbar Kadri and Ors....Applicants
Versus
Vishwanath S. Kaup...Respondent
Mr. Rajiv Anant Jadhav, for the Applicants.Mr. D.V. Sawant a/w Priyank Kulkarni i/b. P.S. Chambers, for the Respondent.CORAM : MADHAV J. JAMDAR, J. DATE : 10th JULY 2023
P.C.:
1. Heard Mr. Rajiv Jadhav, learned counsel appearing for the Applicants and Mr. D.V. Sawant, learned counsel appearing for the Respondent.
2.Both the learned counsel state that the dispute between the
parties has been settled and accordingly, Consent Terms are executed
between the parties. As per the settlement, certain amounts are to be
paid by way of separate Demand Drafts to various Applicants and the
possession of the suit premises is simultaneously agreed to be handed
over to the Respondent.
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3. Applicant Nos.1/a, 1/b, 2 to 4, 5/a and 5/b and 7 are
personally present in Court. Applicant No.5 has passed away and his
heirs i.e. Applicant No.5/a to 5/d are brought on record. Applicant
No.5/a and 5/b are present in the Court. Applicant No.5/c – Humza
Prveen @ Rani Sayed Munawar has executed Power of Attorney
dated 10th July 2023 in favour of her mother – Zulekha Sayed
Munawar. Applicant No.5/d i.e. Saba Sayed Munawar Kadri has
executed the Power of Attorney dated 10th July 2023 in favour of her
brother i.e. Applicant No.5/b – Mudassar Sayed Munawar. Mr.
Jadhav, learned counsel states that Applicant No.6 – Mrs. Syed
Rashida Kadri alias Rashida Moinuddin Sayed is bedridden and
therefore, she has executed affidavit dated 9th July 2023 confirming
that the dispute between the parties is settled in terms of the Consent
Terms.
4. The Respondent i.e. Vishwanath Kaup is present in the Court.
5. The Applicants as well as the Respondent who are present in
the Court state that the dispute between them is settled in accordance
with the Consent Terms which are signed by the respective parties.
The signatures of the respective parties are identified by the
respective Advocates. The Consent Terms are also notarized before
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the Notary on 10th July 2023. The said Consent Terms are taken on
record and marked ‘X’ for identification. The Power of Attorney dated
10th July 2023 executed by the Applicant Nos.5/c – Humza Prveen
alias Rani Munawar is taken on record and marked ‘X1’ for
identification, Power of Attorney dated 10th July 2023 executed by
the Applicant No.5/d – Saba Sayed Munawar Kadri is taken on record
and marked ‘X2’ for identification. The affidavit of Applicant No.6 –
Mrs. Syed Rashida Kadri is taken on record and marked ‘X3’ for
identification.
6.The undertakings as contained in the Consent Terms are
accepted. Both the parties state that the Demand Drafts which are
mentioned in the Consent Terms are received by the respective
Applicants and the keys of the suit premises are handed over to the
Respondents.
7.Accordingly, Civil Revision Application is disposed of in terms
of the Consent Terms by accepting the undertakings in the Consent
Terms.
[MADHAV J. JAMDAR, J.]
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Sayed Akbar S/o Sayed Ibrahim Kadri and heirs
Vishwanath S. Kaup
Madhav J. Jamdar
As recorded by the court registry
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