Disposed

Mohd. Shafiq Taukir Khan @ Mammu and Anothers v. Sayed Ejaz Ibrahim and Others

Bombay HC26 Nov 2024AO/487/2024

Case brief

AI extract

What is this about?

Single judge disposed of an appeal and interim application based on consent terms executed by the parties, agreeing to settle the dispute through payment and withdrawal of subject matter.

What did the court decide?

The appeal, interim application, and the underlying civil suit are disposed of in accordance with the mutually executed consent terms.

Mohd. Shafiq Taukir Khan @ Mammu and Anothers vs Sayed Ejaz Ibrahim and Others — Bombay HC (2024) — LawSathi Research

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901 AO-487-24.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Digitally signed by HUSENBASHA HUSENBASHA RAHAMANNADAF RAHAMANNADAF Date: 2024.11.27 10:29:47 +0530

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APPEAL FROM ORDER 487 OF 2024 WITH

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INTERIM APPLICATION NO. 9987 OF 2024

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Mohd. Shafiq Taukir Khan @ Mammu And Anr ....Appellants V/S Sayed Ejaz Ibrahim And Others ....Respondents

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Ms. Eventa A. Gonsalves a/w Reyden Gonsalves, Bijal Chowlera and Ameen Khan, for Appellants.

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Mr. Kezer Kharawala i/b Mr. Pradosh Patil i/b. Lex Juris for Respondent No. 1.

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Mr. Mohd. Shafiq Taukir Khan @ Mammu, Appellant No.1 and Mrs. Sajrunnisa Shafique Khan, Appellant No.2 are present in Court Mr. Sayed Ejaz Ibrahim, Respondent No.1 is present in Court.

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CORAM : M.M. SATHAYE, J.

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DATE : 26^th NOVEMBER, 2024

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P.C. :

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Learned counsel for the Appellant (original Defendant Nos.1 & 2) and learned counsel for the Respondent No.1 (sole Plaintiff) have tendered 2 consent terms (12 pages each) in original, executed between Appellant Nos. 1 & 2 and Respondent No.1. They are taken on record and marked ‘X-1 & X-2’ for identification along with their annexure. It is clarified that both consent terms are identical.

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Appellant Nos.1 & 2 are present in the Court and they are duly

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Husen

901 AO-487-24.doc

identified by learned counsel for the Appellants. It is noted that daughter of the Appellant Nos.1 & 2, who is an Advocate, is also present in the Court.

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Respondent No.1-original Plaintiff is present in the Court and is duly identified by learned counsel for Respondent No.1.

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All the parties who have signed the consent terms, on being asked by the Court, confirm that they have signed the consent terms after understanding contents therein and implications thereof. They also stated that the contents have been explained to them in their vernacular language.

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Perused the consent terms. It appears that on payment of additional amount and on withdrawal of the amount already deposited in the Trial Court, the parties have agreed to settle the dispute amicably. The statements made in the consent terms about payment of additional money and consequent promise of vacating the subject matter shop, are accepted as undertakings to this Court.

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The above Appeal from Order and interim application, as well as, subject matter S.C. Suit No. 237 of 2017 in City Civil Court, Greater Mumbai are disposed of in terms of the consent terms. These consent terms will bind sole Plaintiff and Defendant Nos.1 & 2.

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(M.M. SATHAYE, J.)

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Page 2 of 2

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Husen

Mohd. Shafiq Taukir Khan @ Mammu and Anothers v. Sayed Ejaz Ibrahim and Others

Case brief

What is this about?

What did the court decide?

Mohd. Shafiq Taukir Khan @ Mammu and Anothers v. Sayed Ejaz Ibrahim and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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