Bombay High Court

THE GOA HOUSING BOARD REP. THROUGH ITS CHAIRMAN / BOARD OF DIRECTORSversusVISHWAS VITHOBA KANKONKAR AND 2 ORS.,

Disposal: Disposed of

Holding

The Consent Terms being fair and voluntarily executed are accepted, and the Review Application is disposed of with a fresh decree to be drawn in First Appeal No.38/2012 in terms thereof, substituting the earlier decree dated 10.11.2023.

Summary

The Goa Housing Board filed a Civil Application (Review) No.21/2026 in First Appeal No.38/2012, which arose from Civil Suit No.45/2009 filed by Vishwas Vithoba Kankonkar. The parties placed on record Consent Terms dated 01.10.2026, signed before the Registrar (Judicial) and admitted in Court by the Board's Managing Director and the original plaintiff. The Court considered the history of the matter and found the Consent Terms fair to all parties. The Consent Terms constitute a decree in the original civil proceedings and include a plan approved by the Town and Country Planning Department and the Cuncolim Municipal Council, which was marked 'X' and treated as integral to the terms. In view of paragraph 11 of the Consent Terms, Respondent Nos.2 and 3 were dropped/deleted, and the cause title was to be amended. The Review Application was disposed of, and the Court directed that a fresh decree be drawn up in First Appeal No.38/2012 in terms of the Consent Terms, substituting the decree dated 10.11.2023.

Issues considered

Whether the Consent Terms placed on record are fair to all parties.
Whether the Review Application should be disposed of in terms of the Consent Terms and a fresh decree drawn up in First Appeal No.38/2012.
Whether Respondent Nos.2 and 3 should be dropped/deleted from the cause title as per the Consent Terms.

Subjects

consent terms
consent decree
civil review application
first appeal
substitution of decree
Goa Housing Board
civil suit
development permission
Town and Country Planning
Cuncolim Municipal Council

Judgment

                         902-CAREV-21 OF 2026.DOC




Suchitra

            IN THE HIGH COURT OF BOMBAY AT GOA

              CIVIL APPLICATION (REVIEW) NO.21/2026
                               IN
                     FIRST APPEAL NO.38/2012


 THE GOA HOUSING BOARD
 REP. THROUGH ITS CHAIRMAN /
 BOARD OF DIRECTORS                                  … APPLICANT
       Versus
 VISHWAS VITHOBA
 KANKONKAR 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 S. P. Munj, 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-21 OF 2026.DOC




2.    he Respondent Vishwas Vithoba Kankonkar, who is the
original Plaintif in Civil Suit No.45/2009 and Respondent in
First Appeal No.38/2012, 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.45/2009.


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 of


                                 Page 2 of 3
                             1st October 2026
                                                       902-CAREV-21 OF 2026.DOC




                                  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.38/2012 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 14:53:40

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