Bombay High Court
SHRI. KUNAL VIKRAM SAWANT AND ORSversusSMT. KRUSHNABAI ALIEAS KISABAI GANPAT ALANDKAR (KOLI)
- Decided
- Disposal
- Disposed Off
Holding
The appeal is disposed of in terms of the Consent Terms, with the requested amendments to parties approved and pending interim applications terminated.
Summary
The appellants and respondents filed an appeal from an order, but subsequently reached an amicable settlement and executed Consent Terms dated 1 September 2026. The appellants sought leave to delete certain respondents and substitute another purchaser as a respondent, and both sides consented to the amendments. The court accepted the Consent Terms, granted the requested amendments, and recorded the terms on the record. It then ordered the appeal to be disposed of in accordance with the Consent Terms. Consequently, all pending interim applications were terminated as they no longer survived the disposal of the appeal.
Issues considered
- Whether the court may amend the parties to an appeal pursuant to a settlement and Consent Terms.
- Whether an appeal can be disposed of in accordance with the parties' Consent Terms.
- Effect of the disposal of the appeal on pending interim applications.
Subjects
- Consent Terms
- Amendment of parties
- Settlement
- Appeal disposal
- Interim applications
Judgment
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
Digitally
signed by
PRIYANKA
In the matter between
PRIYANKA MADHAVRAO
MADHAVRAO KALE
KALE Date:
2026.09.05
12:38:21
Kunal Vikram Sawant & Ors ... Appellants
+0530
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.
________________________________________________________
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82-IA-7832-2024.odt
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 1ST 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
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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.)
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