Bombay High Court

PETER PAUL MASCARENHAS AND 7 ORSversusDASHRATH ALIAS DASRATH SHRIKANT REVODKARAND 2 ORS

Disposal: Disposed of

Holding

The court held that the Consent Terms are fair and binding, and the appeal is disposed of in accordance with those terms.

Summary

The appellants and respondents filed mutually agreed Consent Terms to settle the pending civil suit and the present appeal. The court examined the Consent Terms, which provided for impleading certain legal representatives, setting aside the earlier abatement of non-impleadment, and executing a deed of conveyance in favour of a newly impleaded respondent. The court found the terms to be fair, free of coercion, and consistent with procedural requirements. Accordingly, the court ordered that the Consent Terms be filed with the appellate court and that a decree be passed based on them. The appeal was consequently disposed of, and the parties were directed to seek mutation of the land within stipulated timeframes.

Issues considered

Whether the Consent Terms filed by the parties can be approved by the court and form the basis for disposing the appeal
Whether the abatement of non-impleadment of certain legal representatives can be set aside under the Consent Terms
Whether the execution of a deed of conveyance and subsequent mutation of land can proceed pursuant to the court's decree

Subjects

consent terms
civil appeal
settlement
impleadment
deed of conveyance
mutation
court decree

Judgment

                               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

                                    Page 2 of 3
                                 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.
Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
                                                         Page 3 of 3
Date: 04/09/2026 17:23:22
                                                      4th September, 2026

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