Bombay High Court

USHABAI DAGADU BHADANE AND ORS.versusKIRAN MAGAN SAVALE AND ANR.

Decided: 22 September 2026
Disposal: Allowed

Holding

The appeal is dismissed as the parties have amicably settled the dispute and executed consent terms, entitling the appellants to a refund of court fees.

Summary

The appellants, Ushabai Dagadu Bhadane and others, filed a first appeal against Kiran Magan Savale and another party. Both sides agreed to an amicable settlement, documented in a Consent Terms dated 12 September 2026, which was signed by the appellants, the insurance company and their lawyers. The consent document was entered into the record as document ‘X’. The court held that, in view of the settlement and the executed consent terms, the appeal could be disposed of and the appellants were entitled to a refund of court fees under the applicable rules. Consequently, the First Appeal No. 972 of 2025 was disposed of by the court.

Issues considered

Whether the appeal can be dismissed on the basis of an amicable settlement and execution of consent terms.
Whether the appellants are entitled to a refund of court fees after settlement.

Subjects

settlement
consent terms
appeal disposal
court fees refund
civil procedure

Judgment

                                                                   501-FA-972-2025-.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                FIRST APPEAL NO. 972 OF 2025


            Ushabai Dagadu Bhadane and Ors.                          ...Appellant
                      V/s.
            Kiran Magan Savale and Anr.                              ...Respondent


            Mr. Ranjan S. Pawar for the Appellant.

            Mr. Jacob Noel Joji i/b Ms. Yogita Deshmukh, for Respondent no. 2


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 22nd SEPTEMBER, 2026.
            P.C. :-

            1.           The learned counsel for appellants as well as respondent

            no. 2 submits that the parties have compromised the dispute and have

            arrived at an amicable settlement which is recorded in the ‘Consent

            Terms’ dated 12th September 2026. It is pointed out that the consent

            terms are signed by the appellants, who are the original claimants and

            the insurance company, along with their respective lawyers. It is also

            stated that appellant nos. 1 to 3 are personally present in the court.

            2.           The copy of original document of ‘Consent Terms’ is

            tendered across the bar and it is taken on record and marked as

            document ‘X’ for identification purposes.


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                                                      501-FA-972-2025-.doc

3.         In view of fact that the parties have amicably settled the

dispute and executed consent terms, the appeal is disposed of in view

of the consent terms. The appellants are entitled for refund of the

court fees in accordance with rules.

4.         The First Appeal is accordingly disposed of.



                                        (PRAFULLA S. KHUBALKAR, J.)




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