Arjun Raoji Gaikwad v. Kusum Raosaheb Phadtare
Case brief
What is this about?
Second Appeal No. 508 of 2024; High Court of Judicature at Bombay; Gauri Godse J.; order dated 17 February 2025; disposal of second appeal on consent terms; partition decree; Regular Civil Suit No.523 of 2015; District Judge, Pune; inter se exchange of undivided share in suit property; modification of decree restricted to appellant and respondent no.1; not binding on non-signatory respondent nos.2 to 10 (original defendant nos.2 to 10); decree confirmed for remaining suit properties; modification limited to properties in prayers 1(b), 1(c) and 1(d); clause 16 of consent terms; assurances accepted as undertakings; consent terms marked Exh. 'X'; terms explained in Marathi; Interim Application No. 11636 of 2024 disposed as infructuous; no statute or precedent cited.
What did the court decide?
Second Appeal No. 508 of 2024 disposed of in terms of consent terms dated 17 February 2025 (marked 'X'): the impugned partition decree dated 30 April 2024 of the District Judge, Pune in Regular Civil Suit No.523 of 2015 is modified qua the appellant and respondent no.1 only, reflecting their inter se exchange of undivided shares, restricted to the suit properties described in prayers 1(b), 1(c) and 1(d); the decree stands confirmed vis-a-vis respondent nos.2 to 10 and the remaining suit properties; the modification is expressly not binding on non-signatory respondent nos.2 to 10; assurances in the consent terms accepted as undertakings to the Court; Interim Application No. 11636 of 2024 disposed of as infructuous.