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Bombay High Court

SHRI.RAJUL VRAJLAL VAROversusMR. MANOHAR MOTIRAM PATIL (DECEASED)

Decided
Disposal
Disposed Off

Holding

The appeal and the civil application are disposed of in accordance with the parties’ consent terms.

Summary

Shri Rajul Vrajlal Vora filed a second appeal (No. 448 of 2018) and a civil application (No. 657 of 2017) before the High Court of Bombay against the estate of the deceased Mr. Manohar Motiram Patil. The parties subsequently reached an amicable settlement and executed consent terms, which were signed by the appellant, the respondent and their respective advocates in the presence of the court. The consent terms were marked ‘X’ for identification and were admitted as undertakings to the court. Relying on these consent terms, the court disposed of the second appeal. The civil application was also disposed of on the same basis.

Issues considered

  • Whether the High Court can dispose of a second appeal on the basis of parties’ consent terms
  • Whether a civil application can be dismissed pursuant to a settlement agreement entered into by the parties

Subjects

  • consent decree
  • civil appeal
  • settlement
  • High Court of Bombay
  • appellate jurisdiction

Judgment

2026:BHC-AS:34299

              Renuka                                            6-SA-448-2018.docx


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                  SECOND APPEAL NO. 448 OF 2018
                                                WITH
                                CIVIL APPLICATION NO. 657 OF 2017
              Shri.Rajul Vrajlal Vora                            ...Appellant
                                V/s.

              Mr. Manohar Motiram Patil (Deceased)              ...Respondent
                                         ________________
              Mr. Aditya Udeshi with Mr. Rahul Sanghvi i/b M/s Sanjay Udeshi and Co.,
              for Appellant.
              Mr. Kishor Patil for Respondent Nos. 1/1 and ½.
                                           ________________
                                                      CORAM: SANDEEP V. MARNE, J.
                                                      DATED: 19 AUGUST 2026.


              P.C.:


              1)           The learned counsel appearing for the parties jointly submit
              that parties have amicably resolved the disputes amongst them. Consent
              terms are tendered. Consent terms are signed by the Appellant,
              Respondent and by their respective Advocates. Signatories to the
              consent terms are personally present before the Court. They admit their
              signatures on the consent terms as well as the contents thereof. Consent
              terms are taken on record and marked ‘X’ for identification. Statements
              made in the consent terms are accepted as undertakings given to the
              Court.


                                               Page No.1 of 2
                                              19 August 2026
                          Renuka                                               6-SA-448-2018.docx




                          2)          Second Appeal is accordingly disposed of in view of the
                          consent terms.


                          3)          Civil Application is also disposed of.


                                                                            [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                           Page No.2 of 2
Designation: PA To Honourable Judge                       19 August 2026
Date: 20/08/2026 11:23:18


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