Bombay High Court
SHRI. CHANDRAKANT DATTARAM PARAB THR. HIS C.A. RAKESH CHANDRAKANT PARABversusSHRI. MADHUKAR DATTARAM PARAB
- Decided
- Disposal
- Disposed Off
Holding
The appeal is disposed as the parties have entered into a mediated settlement and consent terms.
Summary
The appellant, Chandrakant D. Parab, appealed an order in a civil dispute against the respondent, Madhukar D. Parab. The parties were referred to mediation, resulting in a five‑page Mediation Report and an eight‑page Consent Terms agreement, both signed by the parties and their advocates. The court took the mediation report and consent terms on record, treating the obligations therein as undertakings to the court. The central issue was whether the appeal could be terminated on the basis of the parties' mediated settlement. The court held that, having executed a valid settlement and consent terms, there was no further matter for adjudication and therefore disposed of the appeal and the pending interim application.
Issues considered
- Whether an appeal may be disposed of on the basis of a mediated settlement and executed consent terms
Subjects
- mediation
- consent terms
- civil appeal
- settlement
- court order
Judgment
17.AO.2.2025.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 2 OF 2025
WITH
INTERIM APPLICATION NO. 3 OF 2025
IN
APPEAL FROM ORDER NO. 2 OF 2025
Chandrakant Dattaram Parab Appellant (Orig.
Through C.A. Rakesh Chandrakant Parab .. Plaintiff)
Versus
Madhukar Dattaram Parab Respondent
.. (Orig. Defendant)
....................
Mr. Vinod S. Pandey, Advocate i/by Mr. Ashwin Tripathi for
Appellant.
Mr. Santosh D. Zimbare, Advocate for Respondent.
Mr. Rakesh Parab, POA of Chandrakant Parab present in-person.
Madhukar Chandrakant Parab, Respondent present in-person.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 12, 2026.
P.C.:
1. Heard Mr. Pandey, learned Advocate for Appellant and Mr.
Zimbare, learned Advocate for Respondent.
2. Pursuant to the orders passed by this Court, the dispute
between the parties referred to the learned Mediator. Learned
Mediator has filed her Mediation Report dated 17.10.2025 the same is
taken on record and marked ‘X’ for identification.
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3. Appellant and Respondent have filed Consent Terms. Today,
Consent Terms 17.10.2025 executed between Appellant and
Respondent are filed in Court and the same is taken on record and
marked ‘X-1’ for identification.
4. Mediation Report and Consent Terms are signed by
Appellant, Respondent and their respective Advocates. Appellant and
Respondent are present in Court and are identified by the learned
Advocates appearing for the respective parties. They confirm of the
Mediation Report and Consent Terms.
5. Mediation Report marked ‘X’ is running into 5 pages. For the
sake of reference and convenience, the Mediation Report are scanned
and reproduced below:-
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6. Consent Terms marked ‘X-1’ are running into 8 pages. For
the sake of reference and convenience, the Consent Terms are scanned
and reproduced below:-
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7. Rights and obligations stated in the Consent Terms qua
parties to the Consent Terms are taken as undertaking given to this
Court. Parties are directed to abide by the same.
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8. Order in terms of Consent Terms.
9. In view of the above, Appeal From Order is disposed.
10. In view of disposal of Appeal From Order, pending Interim
Application No.3 of 2025 in the Appeal From Order is accordingly
disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.02.12
18:01:51 +0530
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