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Bombay High Court

M/S SAMARTHA PRISHA PROP.THR. PARTHNER SHRIKANT BHASKARRAO SURYAVANSHIversusASHUTOSH SADANAND KARMARKAR

Decided
Disposal
Disposed Off

Holding

The civil revision application is disposed of in view of the consent terms.

Summary

M/s Samartha Prisha Properties filed a civil revision application challenging a civil suit (RCS No. 42 of 2023). Both parties later reached a settlement and executed consent terms, which were presented to the court. The counsel for both sides requested that the revision application be disposed of on the basis of the compromise. The court examined the consent terms (Document X) and treated the undertakings therein as submissions to the court. Accordingly, the court disposed of the civil revision application in view of the consent terms, effectively ending the proceedings.

Issues considered

  • Whether the civil revision application can be disposed of on the basis of a compromise and consent terms between the parties.

Subjects

  • civil revision
  • compromise
  • consent terms
  • settlement
  • appellate jurisdiction

Judgment

          Digitally
          signed by
          ANANT
ANANT     KRISHNA
KRISHNA   NAIK
NAIK      Date:
          2026.08.04
          12:13:40
          +0530




                                                                               902.CRA.631.2024.doc



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        APPELLATE SIDE CIVIL JURISDICTION
                                   CIVIL REVISION APPLICATION NO. 631 OF 2024


                       M/s Samartha Prisha Properties
                       Through authorized partners
                       Mr. Shrikant Bhaskarrao Suryavanshi                ....Applicant
                                  V/S
                       Ashutosh Sadanand Karmarkar & Ors                  ....Respondents


                       Mr. Pavan Patil a/w. Mr. N. Jagtap. Mr. Shubham Sharaff, Mr. Parth
                       Malusare, Mr. Soham Badole for the Applicant
                       Mr. Prafulla Paranjape for the Respondent Nos. 1 to 3
                       Mr. Shivram A. Gawade i/b. Mr. Deepak P. More for the Respondent
                       Nos. 4 & 5


                                               CORAM : PRAFULLA S. KHUBALKAR, J.
                                               DATE : 31st JULY, 2026.

                       P.C. :-

                       1.        Learned Counsel for the Applicants as well as learned Counsel

                       for the Respondent No. 1 to 5 states that the parties have amicably

                       resolved the controversy. It is submitted that the entire controversy

                       pending in the Civil Suit bearing RCS No. 42 of 2023 is settled in terms

                       of consent terms, which are signed by the Applicant herein (Original

                       Defendant No. 1) and the Respondent Nos. 1 to 3 (Original Plaintiffs),


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                                                       902.CRA.631.2024.doc



who have been identified by their lawyers.

2.       Learned Counsel for the Applicants and the Respondents

submits that the instant Civil Revision Application may be disposed of

in terms of compromise. The original documents of consent terms is

placed on record, which is marked as “Document X” for the purpose of

identification.

3.       It is also stated that the Respondent Nos. 1 to 3 are personally

present today and representative of the Applicant No. 1 is also present

in the Court.

4.       The consent terms are taken on record and accordingly the

undertakings mentioned in the consent terms be treated as

undertakings submitted to the Court.

5.       The Civil Revision Application is accordingly disposed of in

view of ‘Consent Terms’.



                                (PRAFULLA S. KHUBALKAR, J.)




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