5-SA-1019-06.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 1019 OF 2006 WITH CIVIL APPLICATION NO. 1298 OF 2006 WITH INTERIM APPLICATION (ST) NO. 14053 OF 2023 The State Of Maharashtra … Appellant V/s. Lt. Colonel Shivaram Sawant Khem Sawant Bhonsale (Decd) By Lrs. Satvashiladevi S. Sawant and Ors. … Respondents ___________ Mr. Shishir H. GP, a/w Mahalkshmi G, AGP a/w Anand S. AGP, for the appellant. Adv. Vikram Sathye (through V.C), for the respondent 1 (a) 2. Adv. Ramdas Shelke a/w Adv. Vaishnavi Shelake i/b Adv. S.G. Deshmukh, for the respondent 1 a (1). Adv. Dimakh Dhari Legal Advisor Civil Surgeon office, Sindhudurg present. Mr. Khem Shivram Sawant (through V.C.) party in person present. ___________ CORAM : RAJESH S. PATIL, J. DATE : 20 AUGUST 2026 P. C. : 1. The learned Advocates appearing for the respective parties jointly submits that the second appeal can be disposed of in view of the understanding which has been arrived at between the parties, and more specifically as stated by respondent No. A.1, Khem Sawant Shivram Sawant Bhonsale, in his affidavit dated 16 July 2026. Paragraph Nos. 5 Rushi 1 of 8 5-SA-1019-06.doc and 9 of the said affidavit are reproduced herein below:- “(5) I say that, considering the Interest at the public at large we the Plaintiffs are agreeable to the said proposal. We are ready to retain 50 gunthas and to relinquish the remaining land in favour of the Appellant Government. (9) I say that the ownership rights in respect of the property decreed by the lower appellate court as also the property to be retained by the Plaintiffs as per the proposal put forth by the Appellants should be subject to the final outcome of the litigation in respect of the aforesaid to last wills and testaments executed by Lt. Col. Shivaram Sawant Khemsawant Bhosale and Smt. Satvashiladevi Shivaram Bhosale. It is necessary to record accordingly while recording the settlement in this Second Appeal.” 2. An affidavit on behalf of respondent No.1-A(2), Mr. Kalakumar Manohar Bhogle, power of attorney holder of Mrs. Shivpriyadevi Kalakumar Bhogle, dated 28 July 2026. Paragraph Nos. 9 and 10(A), (B), (C), (D), and (E) of the said affidavit are reproduced herein below:- “9. I submit that pursuant to the letter dated 26" July 2023, issued by State Government through it Revenue ministry directing the District Collector, Sindhudurg to attempt and settle the present dispute between the parties by signing the required Memorandum of Understanding, but the said did not materialized. I submit that I bonafide believe and understand that there is an urgent need of establishing a Multi-Speciality Hospital in a Sawantwadi town. For the said reasons, I submit that I am ready to accept the terms and conditions as mentioned in the letter dated 26t* July 2023 under the following terms and conditions. 10. The terms and conditions which I accept for establishing a Multi-Speciality Hospital at Sawantwadi Town on CTS Nos. 5870, 5869 & 5857 are as under:- A) Respondent No 1A (2) accepts the proposal of retaining the land out of CTS No 5870 equivalent to 5000 sq meters in favour of the Respondent. I submit that the said acceptance shall be on the condition that the names of Respondent No 1A(1) & 1A(2) shall be jointly inserted in the Revenue Records to the extent of 50% un-divided share each. Rushi 2 of 8 5-SA-1019-06.doc B) The area of 5000 sq meters which is mentioned in red marking as per the map Ex. C filed along with affidavit dated 23d April 2026 shall be separated from CTS No 5870. A separate property number shall be given to the said area and separate property extract shall be created for the said area of 5000 sq meters which will incorporate names of Respondent Nos.1A(1) & 1A(2) jointly to the extent of 50% of un- divided share of each Respondent. C) It is understood that there are standing structures over the said proposed 5000 sq meters area which shall be allotted in favour of Respondents. Appellants should undertake to demolish the said structures from their own costs within the period of ... months from the settlement of the present dispute. Till that time Respondents shall not claim any right, title and interest over the said structures standing in the proposed area of 5000 sq meters. This respondent assures that she will not claim any right over the standing structures till the time and they are demolished and will not obstruct their demolition. D) Appellants should confirm that the proposed 5000 sq meters area shown in Ex. Calong with affidavit dated 23d April 2026 is not in any manner landlocked and there is sufficient access of ingress and egress from main road. E) Appellants should confirm that they shall not claim any access roads or easementary rights of ingress or egress from the said 5000 sq meters area for access to the hospital premises.” 3. The learned Government Pleader has also tendered a map of the subject land wherein, by a red color, a portion has been marked which would be allotted to the respondents, Khem Sawant Shivram Sawant Bhonsale and Shivpriyadevi Kalakumar Bhogle. The said land will be subject to the pending litigation between the parties. The map is taken on record and marked 'X' for identification purposes. For ease of reference, a scanned copy of the said map is reproduced herein below:- Rushi 3 of 8 5-SA-1019-06.doc 4. The State's affidavit is also on record dated 23 April 2026. The additional affidavit filed by appellant No. 8, Dr. Tushar R. Chiplunkar, has narrated the same fact about settlement. Paragraph No. 16 of the said affidavit reads as under:- “16. I say that, the Government of Maharashtra, considering the larger public interest, has issued a letter dated 26/07/2023 setting out compromise/settlement terms between the Appellants and Respondents to the present case in respect of the proposed land for construction of a Referral Service Hospital (Multispecialty Hospital at Sawantwadi, Rushi 4 of 8 5-SA-1019-06.doc Taluka Sawantwadi, District Sindhudurg, whereby an area admeasuring 5000 square Meters (Exhibit -C - Part 2 which is highlighted in Red colour in the PWD Map) from City Survey No. 5870 shall be allotted to the Respondents free of cost and the remaining land shall be retained in the name of the Government for construction of the said Referral Service Hospital (Multispecialty Hospital); upon such allotment, the Respondents shall not claim any right, title, or interest in the remaining portion of the said land (Which will be retained in the name of the Government), nor shall they claim any monetary or other compensation in respect of the said land, and shall further undertake that, in the event of any third-party litigation in respect thereof, the responsibility of defending and resolving the same shall lie solely upon them. Hereto annexed and marked as Exhibit -D is the copy of the letter from State of Maharashtra dated 26/07/2023” 5. Exhibit 'C' at page No. 22 and Exhibit 'D' at page Nos. 23 and 24 of the said affidavit of the State are reproduced herein below. “Exhibit 'C' :- Rushi 5 of 8 5-SA-1019-06.doc Exhibit 'D' :- Rushi 6 of 8 5-SA-1019-06.doc 6. In view of the specific affidavits’ filed by the respondents and the map as agreed and tendered by the State, this second appeal stands disposed of. 7. The State, through its officer who is present in court, has undertaken to this court that the plot of the land admeasuring 5000 square meters which has been shown in red color at page No. 22 of the State's affidavit would be allotted to the respondents within a period of six weeks from today. The undertaking of the State is accepted. Rushi 7 of 8 5-SA-1019-06.doc 8. The second appeal accordingly stands disposed of. 9. In sequel, all interim applications stand disposed of. [RAJESH S. PATIL, J.] Rushi 8 of 8