Disposed¶23

Lavina Mulchand Asnani v. Mahesh Mulchand Asnani

Bombay HC6 Feb 2026IA/1964/2025

Case brief

AI extract

What is this about?

Bombay High Court consent terms order; Suit No. 401 of 2023; Interim Application No. 1964 of 2025; Lavina Mulchand Asnani v. Mahesh Mulchand Asnani; Consent Terms dated February 4, 2026; Flat No.1501; Flat 1702; undertakings accepted as undertakings to the Court; suit and interim applications disposed; liberty to seek decree in terms of consent terms; refund of court fees; Somasekhar Sundaresan, J.

What did the court decide?

Suit No. 401 of 2023 and Interim Application No. 1964 of 2025 fully and finally disposed of in terms of the Consent Terms dated February 4, 2026; undertakings therein accepted as undertakings given to the Court; liberty to seek a decree in terms of the Consent Terms; refund of Court fees, if any, in accordance with rules. ¶23

Lavina Mulchand Asnani vs Mahesh Mulchand Asnani — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Suit and the attendant Interim Applications ought to be disposed of in terms of the Consent Terms dated February 4, 2026 executed between the parties.

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Court's answer

The undertakings contained in the Consent Terms dated February 4, 2026 are accepted as undertakings given to the Court.

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Ratio / Principle

The Suit and all attendant Interim Applications, if any, stand fully and finally disposed of in terms of the Consent Terms handed in.

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Key takeaways

Liberty is granted to seek a decree being drawn up in terms of the Consent Terms.ratio¶24
Refund of Court fees, if any, in accordance with rules.ratio¶25

Detailed headnote1 paragraphs

Consent disposal — High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction (Somasekhar Sundaresan J., February 6, 2026) — Suit No. 401 of 2023, Lavina Mulchand Asnani v. Mahesh Mulchand Asnani, with Interim Application No. 1964 of 2025. Learned advocates jointly submitted that all disputes and differences stood resolved by Consent Terms dated February 4, 2026 (tendered across the bar and marked 'X'), which recorded the giving up of interest in one of two flats (Flat No.1501 and Flat 1702) in favour of the Plaintiff and identification of a purchaser for sale of the other flat, with a letter of intent from a potential buyer annexed. The Court accepted the undertakings in the Consent Terms as undertakings given to the Court, fully and finally disposed of the Suit and all attendant Interim Applications in terms of the Consent Terms, granted liberty to seek a decree in terms thereof, and directed refund of Court fees, if any, in accordance with rules.

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905-S-401-2023+.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 401 OF 2023

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WITH

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INTERIM APPLICATION NO. 1964 OF 2025

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SUIT NO. 401 OF 2023

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Lavina Mulchand Asnani …Plaintiff

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Versus

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Mahesh Mulchand Asnani …Defendant

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Ms. Aakanksha Saxena, Counsel, a/w Shreya Bhagnari, i/b Negandhi Shah, Himayatullahfor the Plaintiff.

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Mr. Madhavi Doshi, i/b Phoenix Legal, for Defendant.

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CORAM : SOMASEKHAR SUNDARESAN, J. DATE : February 6, 2026

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ORDER :

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Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2026.02.09 13:45:30 +0530

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Learned Advocate for the parties jointly submit that all disputes and differences between them stand resolved by execution of Consent Terms dated February 4, 2026. A copy of the executed Consent Terms is jointly tendered across the bar and marked ‘X’ for identification and is taken on record. Broadly, the Consent Terms record the giving up of interest in one of the two flats in favour of the Plaintiff and identifying the purchaser for sale of the other flat (flats being flat

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February 6, 2026

Ashwini Vallakati

905-S-401-2023+.doc

No.1501 and Flat 1702). A letter of intent from a potential buyer for the second flat has also been annexed to the Consent Terms.

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Learned Advocates for both sides submit that disputes and differences between them stand resolved by the execution of the Consent Terms and the actions to be taken in furtherance of the Consent Terms are also set out in the Consent Terms. They submit that nothing contained in the Consent Terms is contrary to any requirement of law for any other contract for which they are a party. In these circumstances, undertakings contained in the Consent Terms are accepted as undertakings given to the Court.

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