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2015 DAILYLAW 2672 (BOM)

ATCHUT GOPAL POI RAITURKAR (DECEASED) THROUGH LEGAL REPRESENTATIVES., v. BHAIRO NAVLO NATOSSE AND 30 ORS.,

SA/67/2015 · 2026-02-02

Shri Valmiki Menezes

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Judgment text

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SA 67 of 2015 Suzana IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO.67 OF 2015 ATCHUT GOPAL POI RAITURKAR (DECEASED) THROUGH LEGAL REPRESENTATIVES., ... APPELLANTS Versus BHAIRO NAVLO NATOSSE AND 30 ORS., ... RESPONDENTS Mr. Ajit R. Kantak, Advocate with Ms. Reshma A. Kantak, Advocate for the Appellants. Mr. Pravesh Misal, Advocate for Respondent nos.5(a), 5(b), 5(c), 5(d), 6, 10(d), 10(e), 13 and 14. CORAM:- VALMIKI MENEZES, J. DATED :- 2nd February, 2026 ORAL ORDER: 1. In this Court's Order of 24.01.2025, a Consent Decree had been recorded between the Appellants No.1(a) for himself and as Attorney of Appellant No.1(b) on the one hand and Respondent No.1, 2, 3(a) to 3(d), 4, 7, 8(a) to 8(h), 10(a) to 10(i), 15, 16, 16(a), 16(b), 17 to 20, 25 to 28, 11(c) to 11(d), 21, 22, 11(f), 11(g), 11(a)(i) to 11(a)(iv), 23(a) to 23(d) and 24. Those Consent Terms were taken on record, and the Second Appeal stood disposed of as settled amongst those parties. 2. The Second Appeal excluded Respondents No.5(a), 5(b), 5(c), 5(d), 6, 10(d), 10(e), 13 and 14. Page 1 of 3 2nd February, 2026 2026:BHC-GOA:153 SA 67 of 2015 3. Today, Respondents No.5(a), 5(b), 5(c), 5(d) and 6, Respondents No.10(d) and 10(e) and Respondents No.13 and 14 have executed the Consent Terms with Appellants No.1(a) and 1(b), and have placed those Terms on record; the Terms are marked 'X' for identification. 4. The Consent Terms have been signed by Appellant No.1(a) for himself and as Attorney of his wife, Appellant No.1(b). The Power of Attorney dated 26.08.2022 by which Appellant No.1(a) represents his wife, is on record. The Consent Terms are also signed by Respondents No.5(a) for himself, 5(b) for himself and as Attorney of Respondents No.5(c), 5(d), and Respondent No.6 vide Power of Attorney dated 24.05.2025, which is produced on record. Respondent No.10(d) and 10(e) are represented by his son Pradip Misal, who has signed the Terms on behalf of his parents. The Power of Attorney dated 17.11.2025 is also placed on record. Respondents No.13 and 14 have executed the Terms through their son Rama Misal, who is present in Court and who has signed the Terms by virtue of a Power of Attorney dated 06.06.2025, which is also produced on record. The Respondents are identified by their Aadhaar cards, which are placed on record with the Consent Terms. The Consent Terms are accompanied by a Plan, and under the Consent Terms, plots 'E', 'G' and 'P' have been allotted to the Respondents in the manner stated in the Consent Terms. 5. The parties and their Attorneys are present before me. I have ascertained from them that they have executed these Terms, and they 2nd February, 2026 SA 67 of 2015 have read the contents of the Consent Terms and seen the Plan under which the allotment of plots has been made. They record that the Consent Terms have been executed by them freely and without any coercion, and they accept the same. 6. On reading the Consent Terms, the settlement recorded between the parties therein appears to be fair. The Second Appeal can therefore be disposed of by drawing up a Decree in terms of Consent Terms dated 02.02.2026 marked 'X' for identification by me, and in terms of the Consent Terms filed by the said Respondents referred to in paragraph 1 above, executed on 24.01.2025. 7. Decree to be drawn up accordingly. The Second Appeal No.67 of 2015 stands disposed of in terms of the settlement of the Consent Terms filed by the parties. VALMIKI MENEZES, J. 2nd February, 2026 Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 02/02/2026 16:59:54