Bombay High Court

SHRI. NIVRUTI SHANKAR KHULE AND ANOTHERversusSHRI. MANOHAR SHANKAR KHULE AND OTHERS

Decided: 9 September 2026
Disposal: Disposed Off

Holding

The appeal was disposed of and the decree modified in accordance with the parties' mediated consent terms.

Summary

The appellants filed a second appeal (No. 582 of 2014) which was referred to mediation on 16 June 2026. The mediator’s report dated 29 August 2026 confirmed successful mediation and the parties executed consent terms on the same day. The consent terms were signed by all appellants and respondents and were placed on record. The court, noting the parties’ settlement, disposed of the second appeal and modified the impugned decree in accordance with the consent terms. Consequently, the related civil application was also deemed disposed as it no longer survived the settlement.

Subjects

mediation
civil appeal
consent decree
settlement
disposal
court modification

Judgment

                      Sonali Mane                                               17-SA-582-2014.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                           SECOND APPEAL NO. 582 OF 2014
                                                         WITH
                                        CIVIL APPLICATION NO. 1410 OF 2014
                                                           IN
                                           SECOND APPEAL NO. 582 OF 2014

                      Shri. Nivruti Shankar Khule (Decd.) Thr. Lrs.
                      Anil Nivruti Khule And Ors.                               … Appellants
                               Versus

                      Shri. Manohar Shankar Khule And Ors.                      … Respondents



                      None for Appellants.
                      Mr. Sachin Gite for Respondents.



                                                       CORAM        : SANDEEP V. MARNE, J.

                                                       DATE         : 9 SEPTEMBER 2026.

                      P.C. :


                      1)        By Order dated 16 June, 2026, the appeal was sent for mediation.

                      The mediator has submitted his report dated 29 August, 2026, the

                      report indicates successful completion of mediation proceedings.

                      Parties have arrived at consent terms dated 29 August, 2026. The

                      consent terms are signed by Appellant Nos. 1a to 1c and 2 and by

                      Respondent Nos. 1, 2 and 3. The consent terms are forwarded to the
   MANE
   SONALI
   DILIP
Digitally signed by
MANE SONALI DILIP                                   ___Page No.1 of 2___
Date: 2026.09.11
11:29:38 +0530
                                                      9 September 2026
Sonali Mane                                                    17-SA-582-2014.docx



Court alongwith report of the mediator through the District Mediation

Center, Nashik.




2)            The consent terms are taken on record and marked as “X” for

identification. The report of the mediator dated 29 August, 2026 is also

taken on record and marked “X-1” for identification. Since the consent

terms are signed and executed by the parties before the mediator, it

would be appropriate to dispose of the Second Appeal in view of the

terms settled between the parties.




3)            The Second Appeal is accordingly disposed of in view of the

consent terms. The impugned decree shall accordingly stand modified,

in accordance with the consent terms.




4)       In view of disposal of the Second Appeal, the Civil Application

does not survive and hence stands disposed of.




                                                       [SANDEEP V. MARNE, J.]




                                ___Page No.2 of 2___
                                  9 September 2026

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