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2026 DAILYLAW 6076 (BOM)

PETER PAUL MASCARENHAS AND 7 ORS v. DASHRATH ALIAS DASRATH SHRIKANT REVODKARAND 2 ORS

CA/92/2026 · 2026-09-04

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Judgment text

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25 CA 92 2026 Meena IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO.92 OF 2026 WITH APPEAL FROM ORDER NO.38 OF 2026 CIVIL APPLICATION NO.92 OF 2026 PETER PAUL MASCARENHAS AND 7 ORS ... APPLICANTS Versus DASHRATH ALIAS DASRATH SHRIKANT REVODKARAND 2 ORS ... RESPONDENTS WITH APPEAL FROM ORDER NO.38 OF 2026 PETER PAUL MASCARENHAS AND 7 ORS ... APPELLANTS Versus DASHRATH ALIAS DASRATH SHRIKANT REVODKAR AND 2 ORS ... RESPONDENTS Mr S.M. Singbal, Advocate for the Applicant. Mr J. J. Mulgaonkar with Ms Divyabharati Naidu, Advocates for Respondent Nos. 1 and 2. CORAM:- VALMIKI MENEZES, J. DATED :- 4th September, 2026 P.C.: 1. The parties to this Appeal have filed Consent Terms which are duly signed by them. The Appellants are represented by their Attorney, Mr Michael Mascarenhas, who is present in the Court. The Power of Attorney is on record along with Vakalatnama of the Counsel for the Appellants. Clause 2 of the Power of Attorney empowers the agent to enter into Consent Terms and settle the matter. Page 1 of 3 4th September, 2026 25 CA 92 2026 2. Besides the Attorney of the Appellants, Mr Dashrath Revodkar and Mrs Dayavati Rivodkar are present in the Court. All parties have acknowledged their signature on the Consent Terms and have stated that they have understood the terms and signed the same free from any coercion. 3. According to the Consent Terms the parties have agreed that the legal representatives of the Appellant Nos.5 and 6 would be impleaded and brought on record before the Appellate Court in Regular Civil Suit No.105/2023 which is pending before the Adhoc District Judge-I, Panaji and the abatement of the Appellants with respect to the non-impleadment of the legal representatives of the deceased Appellant Nos.3, 5 and 6 therein would be set aside. 4. The Consent Terms further record that the son of the Respondent Nos.1 and 2, Vilas Dashrath Rivodkar would be impleaded as Respondent No.4 in the said appeal and thereafter a Deed of Conveyance would be executed by the Appellants, including the legal representatives now to be brought on record, in favour of Respondent No.4. 5. After considering the Consent Terms filed before me, I am of the opinion that they are fair to all the parties and if the Consent Terms as recorded herein are filed before the Appellate Court, and a 4th September, 2026 25 CA 92 2026 decree were passed in those terms, the same would be fair and balanced to all the parties. The terms also specify the considerations of the execution of the Deed of Sale by the Appellants to the parties including the party to be impleaded as Respondent of the appeal. The Consent Terms are taken on record and marked X for identification. The appeal shall stand disposed of in terms of these Consent Terms, which shall form part of the record. 6. If the Consent Terms are filed by the parties before the Appellate Court within the timeline specified or under some extended time with their consent, the Appellate Court shall endeavour to dispose of the appeal within two weeks thereafter. It is expected that the concerned Mamlatdar of Bardez, in whose jurisdiction the suit land under Survey No.582/5 of village Anjuna bearing old cadastral Survey No.2114 is situated, would carry out the mutation on the basis of the decree passed by the Appellate Court within a period of two months thereafter. The parties shall file a joint application for mutation based on the decree passed before the Mamlatdar to enable the speedy disposal of the mutation proceedings. 7. Appeal from Order with Civil Application stand disposed of. VALMIKI MENEZES, J. 4th September, 2026 Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 04/09/2026 17:23:22