Bombay High Court

MRS. SUPRIYA MILIND SHELARversusM/S. KASTURI INFRASTRUCTURE AND DEVELOPERS THR. ITS PARTNERS PIYUSH PRAKASH HUSHING AND OTHERS

Decided: 12 February 2026
Disposal: Disposed Off
Bench: KAMAL KHATA

Holding

The appeal was dismissed as infructuous because the parties had settled the dispute and filed consent terms.

Summary

The appellant, Mrs. Supriya Milind Shelar, filed an appeal against an order dated 2024 in a civil suit involving M/s. Kasturi Infrastructure & Developers and others. The respondents submitted that the parties had resolved their disputes and executed consent terms, rendering the suit moot. The court examined whether the appeal could proceed in light of the settlement. It held that the settlement and consent terms effectively disposed of the underlying suit. Consequently, the appeal and the connected interim applications were declared infructuous and dismissed.

Issues considered

Whether an appeal remains maintainable when the parties have settled the dispute and filed consent terms.

Subjects

settlement
consent terms
appeal dismissed
infructuous
civil procedure

Judgment

                                                         21-asao-267-2024.doc


         Priyanka

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                 APPEAL FROM ORDER NO.267 OF 2024
                               WITH
                INTERIM APPLICATION NO.7273 OF 2024

Mrs. Supriya Milind Shelar                          ... Appellant
      V/s.
M/s. Kasturi Infrastructure & Developers
Thr. Its Partners Piyush Prakash
Hushing & Ors.                                      ... Respondents


                              _______________________

None for the Appellant.
Mr. Ghanasham Jadhav for Respondent No.1A.
                         _______________________

                                 CORAM : KAMAL KHATA, J.

                                 DATED : 12TH FEBRUARY 2026.

P.C. :

1.       The Advocate for the Respondents submits that the Suit has

been disposed of in view of the parties having resolved their

disputes and filed Consent Terms.

2.       The Appeal, along with the connected Interim Applications,

is accordingly disposed of as infructuous.



                                               (KAMAL KHATA, J.)




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