Created by Fuzzy Cloud

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.




                                                                              1 of 16
                                                          17.AO.2.2025.doc


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:-




                                                                    2 of 16
17.AO.2.2025.doc




        3 of 16
17.AO.2.2025.doc




        4 of 16
17.AO.2.2025.doc




        5 of 16
17.AO.2.2025.doc




        6 of 16
                                                       17.AO.2.2025.doc




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:-

                                                               7 of 16
17.AO.2.2025.doc




        8 of 16
17.AO.2.2025.doc




        9 of 16
17.AO.2.2025.doc




       10 of 16
17.AO.2.2025.doc




       11 of 16
17.AO.2.2025.doc




       12 of 16
17.AO.2.2025.doc




       13 of 16
17.AO.2.2025.doc




       14 of 16
                                                      17.AO.2.2025.doc




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.

                                                             15 of 16
                                                                                            17.AO.2.2025.doc


                                 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




                                                                                                    16 of 16


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.