Research › Search › Judgment

Bombay High Court · body

2024 DAILYLAW 2429 (BOM)

SHRI. GANESH SURESH YAVATKAR v. SHRI. KUNAL VIKRAM SAWANT AND ORS

IA/7832/2024 · 2026-09-01

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

82-IA-7832-2024.odt Priyanka IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.132 OF 2020 Kunal Vikram Sawant & Ors ... Appellants V/s. Krushnabai @ Kisabai Ganpat Alandkar & Ors ... Respondents WITH INTERIM APPLICATION NO.7832 OF 2024 Ganesh Suresh Yavatkar ...Applicant In the matter between Kunal Vikram Sawant & Ors ... Appellants V/s. Kunal Vikram Sawant & Ors ...Respondents WITH INTERIM APPLICATION NO.1574 OF 2020 Ganesh Suresh Yavatkar ...Applicant In the matter between Kunal Vikram Sawant & Ors ... Appellants V/s. Krushnabai @ Kisabai Ganpat Alandkar & Ors ... Respondents _____________________________________________________________ Mr. Jaydeep Deo for the Appellants and for Respondents in both IA. Mr. Prajit S. Sahane for Respondent Nos.3 to 5. ________________________________________________________ 1/3 PRIYANKA MADHAVRAO KALE Digitally signed by PRIYANKA MADHAVRAO KALE Date: 2026.09.05 12:38:21 +0530 82-IA-7832-2024.odt CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 1 ST SEPTEMBER, 2026. P.C. :- 1. Learned counsel for the appellant as well as for respondents submit that, the parties have amicably settled their controversy and they have also signed the Consent Terms dated 1st September, 2026. In view of the Consent Terms, learned counsel for appellant seeks leave to delete respondent Nos.1, 2 and 6 from the array of parties. He also seeks leave to substitute name of respondent No.4 by adding name of subsequent purchaser, as stated in paragraph No.4 of the Consent Terms. Learned counsel for respondents has conveyed no objection for grant of leave to amend. Accordingly, leave granted. Necessary amendment be carried out forthwith. 2. It is stated in the Consent Terms that, the copy of the Consent Terms will be filed in Special Civil Suit No.851 of 2019, which is pending before the Court of Civil Judge, Senior Division, Pune and parties will apply for obtaining appropriate Decree in terms of the Consent Terms. 3. The copy of the Consent Terms is tendered across the bar. The same is taken on record and marked as ‘X’ for identification 2/3 82-IA-7832-2024.odt purposes. 4. The undertakings mentioned in the Consent Terms on behalf of respective parties are to be considered as undertakings given to the Court. 5. In view of the Consent Terms, learned counsel for the appellant as well as for Respondents pray for disposal of the instant appeal in terms of Consent Terms. Accordingly, the Appeal against Order is disposed of in terms of the Consent Terms. 6. In view of disposal of the Appeal from Order, pending interim applications do not survive and are accordingly disposed of. (PRAFULLA S. KHUBALKAR, J.) 3/3