Sulochana Narahari Kandale v. Avadhut Mahadev Jamadagni

Bombay HC6 Jan 2025SA/88/2024

Case brief

AI extract

What is this about?

Second Appeal No. 88 of 2024; Second Appeal No. 89 of 2024; Interim Application No. 1392 of 2024; Interim Application No. 1400 of 2024; Bombay High Court; Gauri Godse J.; consent terms; Terms of Compromise; mediation; settlement; disposal of second appeals in terms of consent terms; modification of impugned decrees; undertaking to the court; interim applications infructuous; Sulochana Narahari Kandale; Narhari Tukaram Kandale; Avadhut Mahadev Jamadagni; 17 December 2024; 23 December 2024; 6 January 2025.

What did the court decide?

Both second appeals disposed of in terms of the consent terms dated 17 December 2024; impugned decrees modified in terms of the consent terms; interim applications nos. 1392 and 1400 of 2024 disposed of as infructuous. ¶¶27

Sulochana Narahari Kandale vs Avadhut Mahadev Jamadagni — Bombay HC (2025) — LawSathi Research

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6-sSA-88-2024.docx

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rrpillai

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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SECOND APPEAL NO. 88 OF 2024

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WITH

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INTERIM APPLICATION NO. 1392 OF 2024

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Sulochana Narahari Kandale … Appellant Vs. Avadhut Mahadev Jamadagni … Respondent

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WITH

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SECOND APPEAL NO. 89 OF 2024 WITH

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INTERIM APPLICATION NO. 1400 OF 2024

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Narhari Tukaram Kandale … Appellant since deceased through LRs

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vs. Avadhut Mahadev Jamdagni … Respondent

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Ms. Raufa Shaikh i/b. Mr. Yuvraj Narvankar for the Appellant. Mr. Sumedh Modak i/b. Mr. Vijay Killedar for the Respondent.

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CORAM : GAURI GODSE, J.

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DATE : 6^th JANUARY 2025

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ORDER :

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Learned Mediator has placed on record the consent terms

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dated 17^th December 2024 signed by the parties in his presence.

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The consent terms are also signed by the learned Mediator.

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Digitally signed by RAJESHWARI RAJESHWARIRAMESH RAMESH PILLAI PILLAI Date: 2025.01.07 22:55:44 +0200

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1/3

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6-sSA-88-2024.docx

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Learned counsel for the parties confirm the terms and conditions of the compromise recorded in the consent terms. The consent terms styled as ‘Terms of Compromise’ dated 17^th December 2024 is taken on record and marked “X” for identification with today’s date for identification.

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The parties are not present in court. However, learned counsel for the respective parties confirm the terms and conditions of the consent terms. Since the consent terms are signed before the learned Mediator and the consent terms are placed on record by the learned Mediator along with letter dated 23^rd December 2024, the presence of the parties would not be necessary.

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The letter dated 23^rd December 2024 of the learned Mediator is also taken on record and marked X-1 with today’s date for identification.

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I have perused the consent terms. The agreed terms are legal and valid. The assurances recorded in the consent terms are accepted as undertaking to his court.

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