Challenge to a settlement/award in a partition suit on the plea that its terms were not explained to the petitioner, who had thumb-impressed it and raised no contemporaneous objection; writ petition dismissed.
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903-WP-3557-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
VASANT ANANDRAO IDHOL
Digitally signed by VASANT ANANDRAO IDHOL Date: 2024.07.03 17:58:12 +0530
WRIT PETITION NO. 3557 OF 2024
Sakhubai Raghunath Sonawane ...Petitioner Versus President Maharashtra Legal Services Authority And Ors. ...Respondents
Mr.Narayan Rokade with Mr.Abhang Suryawanshi for the Petitioner.
CORAM : AVINASH G. GHAROTE, J. DATE : 3rd JULY 2024
P.C.:
1. Heard Mr.Rokade, the learned counsel for the petitioner.
In a suit for partition, RCS No.647 of 2023 in which the present petitioner was arrayed as defendant no.12, a compromise has been effected on 9.9.2023 between the parties to the suit and an award passed in terms thereof. The same is being challenged on the ground,
that the terms of the settlement were not explained to the petitioner / defendant no.12.
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VAI
903-WP-3557-2024.doc
settled position that before recording settlement terms thereof the panel which comprises of judicial officer and two counsel, records that the terms of the settlement have been explained and understood by the parties, who admit them. This would clearly indicate that in case any objection was there in respect of terms of the settlement, it was for the petitioner to have then and there lodged an objection. No objection of any nature whatsoever has been lodged by the petitioner and this petition has been filed on 28.2.2024.
(AVINASH G. GHAROTE, J.)
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VAI
1 issue framed by the court
Whether the settlement dated 9.9.2023 in RCS No.647 of 2023 could be challenged on the ground that its terms were not explained to the petitioner, defendant no.12.
Sakhubai Raghunath Sonawane
President Maharashtra Legal Services Authority
Avinash G. Gharote
As recorded by the court registry
3 orders share this CNR
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