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2025 DAILYLAW 76830 (BOM)

MAHADEO NALAWADE v. APL YASHOMANGAL DEVELOPERS

IA/11842/2025 · 2025-11-13

Shri N J Jamadar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

901-SA-358-2025.DOC Arun Sankpal IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 358 OF 2025 WITH INTERIM APPLICATION NO. 8898 OF 2025 APL Yashomangal Developers ..Appellant Versus Mahadeo Nalawade & Ors …Respondents WITH SECOND APPEAL (ST) NO. 28417 OF 2025 WITH INTERIM APPLICATION NO. 11842 OF 2025 Mahadeo Nalawade & Ors ..Appellants Versus APL Yashomangal Developers …Respondent Mr. Shashwat Rai, i/b Keystone Partners, for the Appellant in SA/358/2025 and for the Respondent in SAST/28417/2025. Mr. Ajit J. Kenjale, with Sai Rajendra Kadam and Mahadeo Nalawade, for the Appellants in SAST/28417/2025 and for the Respondents in SA/358/2025. Mr. Atish Mahajan, Mr. Rajendra Sawant, Vrushali Rane, Mr. Sukhdev Kambde, Mr. Akash Mahali, Mr. Mahadev Nalawade and Mr. Ashok Waman, present. Nirmala Bhatia, Mahendra Bobade and Ritesh Bellara (partner of the Appellant) present through video conferencing. CORAM: N. J. JAMADAR, J. DATE : 13th NOVEMBER 2025 P.C.: 1/3 ARUN RAMCHANDRA SANKPAL Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2025.11.14 10:04:36 +0530 901-SA-358-2025.DOC SECOND APPEAL NO. 358 OF 2025 WITH INTERIM APPLICATION NO. 8898 OF 2025: 1. Heard the learned Counsel for the parties. 2. The learned Counsel for the parties submit that, the parties have amicably resolved the dispute and Consent Terms have been executed, and in accordance with the Consent Terms, Demand Drafts have been delivered to the concerned Respondents by the Appellant. 3. The learned Counsel seek leave to tender the Consent Terms. Leave granted. 4. Mr. Ritesh Bellara, the partner of APL Yashomangal Developers, the Appellant, is present through video conferencing, and Mahadeo Nalawade(R1), Sukhdeo Kamble(R3), Atish Mahajan(R5), Pratiksha Waman (Through Ashok Waman) (R6), Akash Mahali(R9), Vrushali Vilas Rane, the legal representative of Respondent No.11, and Rajendra Sawant (R14), are present before the Court. Nirmala Bhatia (R10) and Mahendra Bobade (R4) are present through video conferencing. 5. The parties state that, they have read and understood the contents of the Consent Terms. They admit the contents of the Consent Terms and execution thereof. The parties are identified by their respective Advocates. 2/3 901-SA-358-2025.DOC 6. It seems the parties have worked out a comprehensive settlement of the dispute and they have entered into Consent Terms voluntarily, and there is no coercion or duress. 7. The Consent Terms are thus taken on record and marked “X”. The Appeal thus stands disposed in accordance with Consent Terms “X”. 8. A Decree be drawn in accordance with the Consent Terms “X”. 9. In view of the disposal of the Second Appeal, the Interim Application also stands disposed. SECOND APPEAL (ST) NO. 28417 OF 2025 WITH INTERIM APPLICATION NO. 11842 OF 2025: 10. In view of the disposal of the Second Appeal No. 358 of 2025, in accordance with the Consent Terms “X”, therein, the learned Counsel for the Appellants submitted that the instant Appeal does not survive. 11. Second Appeal (Stamp) No. 28417 of 2025, accordingly, stands disposed. 12. In view of the disposal of the Second Appeal, the Interim Application also stands disposed. [N. J. JAMADAR, J.] 3/3