Bombay High Court
THE GOA HOUSING BOARD REP. THROUGH ITS CHAIRMAN / BOARD OF DIRECTORSversusGOVINDRAJ L. SHANBHAG AND 2 ORS.,
- Disposal
- Disposed of
Holding
Consent Terms executed freely and found fair to all parties are accepted, and the Review Application is disposed of with a fresh decree to be drawn in First Appeal No.36/2012 in terms thereof, substituting the earlier decree dated 10.11.2023.
Summary
The Goa Housing Board filed a Civil Application (Review) No.19/2026 in First Appeal No.36/2012, arising from Civil Suit No.46/2009 filed by Govindraj L. Shanbhag. The parties placed on record Consent Terms dated 01.10.2026, signed by them and their advocates and verified before the Registrar (Judicial). The Board's Managing Director admitted execution under Board Resolution dated 01.07.2026, and the original plaintiff admitted signing the terms freely and without coercion. The Court considered the history recorded in the Consent Terms and found them fair to all parties. The Consent Terms, which constitute a decree in the original civil proceedings, also refer to a plan approved by the Town and Country Planning Department and Cuncolim Municipal Council, marked 'X' and treated as integral. In terms of paragraph 11, Respondent Nos.2 and 3 were dropped/deleted and cause title amendment directed. The Review Application was disposed of, and the Court directed a fresh decree in First Appeal No.36/2012 in terms of the Consent Terms, substituting the decree dated 10.11.2023.
Issues considered
- Whether the Consent Terms dated 01.10.2026 are fair to all parties and should be accepted?
- Whether the Review Application should be disposed of in terms of the Consent Terms and a fresh decree drawn up in First Appeal No.36/2012?
- Whether Respondent Nos.2 and 3 should be dropped/deleted from the cause title as per paragraph 11 of the Consent Terms?
Subjects
- Consent Terms
- Civil Review
- First Appeal
- Decree
- Goa Housing Board
- Civil Suit
- Town and Country Planning
- Cuncolim Municipal Council
- Substitution of Decree
- Cause Title Amendment
Judgment
902-CAREV-19 OF 2026.DOC
Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
CIVIL APPLICATION (REVIEW) NO.19/2026
IN
FIRST APPEAL NO.36/2012
THE GOA HOUSING BOARD
REP. THROUGH ITS CHAIRMAN /
BOARD OF DIRECTORS … APPLICANT
Versus
GOVINDRAJ L. SHANBHAG
AND 2 ORS. … RESPONDENTS
Mr H. D. Naik, Advocate for the Applicant.
Mr Sudesh Usgaonkar, Senior Advocate with Ms Marie Rosette
Pereira, Advocate for the Respondent No.1.
Mr V. Sardessai, Additional Government Advocate for the
Respondent State.
CORAM: VALMIKI MENEZES, J.
DATED: 1st OCTOBER 2026
P.C. :
1. Consent Terms signed by the parties and their respective
Advocates, which are dated 01.10.2026, are placed on record.
he Consent Terms are marked ‘Y’ for identiication. he parties
have signed the same before the Registrar (Judicial) of this Court
and are present in the Court today. he Applicant – Goa
Housing Board, whose Managing Director Ms Siddhi Halarnkar
is present in the Court, admitted the execution of these Consent
Terms and the fact that they are executed by the Goa Housing
Board under Resolution dated 01.07.2026 passed by the Board.
Page 1 of 3
1st October 2026
902-CAREV-19 OF 2026.DOC
2. he Respondent Govindraj Shanbhag, who is the original
Plaintif in Civil Suit No.46/2009 and Respondent in First
Appeal No.36/2012, is also present and has admitted signing
these terms. All parties record that the terms are signed and
executed of their free-will and without any undue inluence/
coercion.
3. After considering the entire history of the matter, which is
incidentally recorded in paragraphs 1 to 9 of the Consent Terms,
I am of the opinion that the Consent Terms are fair to all the
parties.
4. he circumstances under which these Consent Terms are
iled in a Civil Review Application are also stated in the Consent
Terms and recorded in the order of 18.06.2026 of this Court.
hese Consent Terms which constitute a decree between the
parties, are executed in the original civil proceedings i.e. Civil Suit
No.46/2009.
5. he plan referred to in the Consent Terms, which has
received Provisional Approval of the Town and Country Planning
Department, South Goa at Margao and has now received
approval/development permission from the Cuncolim Municipal
Council on 10.09.2026 is part of the record of the Review
Application and was marked ‘X’ by this Court on 18.06.2026
and is on the ile. he plot in question is depicted in Red on the
said plan for identiication and the said plan produced on the ile
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1st October 2026
902-CAREV-19 OF 2026.DOC
of the Review Application and shall be treated as an integral part
of the Consent Terms.
6. In view of the statement made in paragraph 11 of the
Consent Terms, Respondent Nos.2 and 3 shall stand
dropped/deleted. Amendment to the cause title shall be carried
out forthwith.
7. he Review Application is disposed and a fresh decree shall
be drawn up by the Appellate Court i.e. this Court, in First
Appeal No.36/2012 in terms of the above “Consent Terms”.
8. Registry to act in terms of this order and draw a fresh
decree which shall be in substitution of Decree dated 10.11.2023.
VALMIKI MENEZES, J.
Signed by: SUCHITRA NANDAN Page 3 of 3
SINGBAL 1st October 2026
Designation: Personal Assistant
Date: 03/10/2026 14:52:21
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