Bombay High Court
SHRI MONA MARYAN PIREL (DECD) BY HEIRSversusSMT. VIOLA MARY GONSALVES (DECD) BY HEIRS and ORS.
- Decided
- Disposal
- Disposed Off
Holding
The writ petitions are disposed of as withdrawn in accordance with the parties' mutually executed Consent Terms.
Summary
The petitioners, a trust under the Bombay Probate and Trust Act, filed two writ petitions challenging orders that declared the respondents as tenants under the Bombay Tenancy and Agricultural Lands Act, 1948. Both parties subsequently executed a common Consent Term, wherein the respondents agreed to pay Rs.1 crore to the trust and the trust withdrew its challenge to the tenancy orders. The Consent Terms were signed by the sole trustee of the trust and by respondents Nos.2 to 6, who were duly authorized to represent the deceased respondent No.1. The court verified the identities, powers of attorney, and the receipt of the full consideration before accepting the joint request. Consequently, the court disposed of both writ petitions as withdrawn, without any order as to costs, and directed that any pending interim applications stand disposed.
Issues considered
- Whether the Consent Terms signed by the parties constitute a valid and binding settlement of the dispute.
- Whether the respondents had proper authority to represent the deceased respondent No.1.
- Whether the court may dispose of the writ petitions as withdrawn on the basis of the parties' joint request.
Legislation cited
Subjects
- withdrawal of writ
- consent terms
- settlement
- tenancy dispute
- Bombay Tenancy and Agricultural Lands Act
- trust
- civil appellate jurisdiction
Judgment
Digitally
signed by 302.as.wp.1868.1869.1998 @.doc
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.10.01
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:28:06
+0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1868 OF 1998
Shri Mona Maryan Pirel (since deceased)
Through her legal heirs
Smt. Carmel Nazareth Pereira
also since deceased
through her beneficiary
under the Will Our Lady of Sea Church,
Uttan a Trust registered under
B.P.T. Act, 1950 bearing No.D/18,
Thane, and having its registered office at
Our Lady of the Sea Church,
Uttan at Bhayander (West), Tal & Dist Thane,
though its Trustee … Petitioners
Versus
Smt. Viola Mary Gonsalves (since deceased)
by her legal heirs & representatives
1. Wenceaslaus Vincent Gonsalves (also since
deceased through his legal heirs)
2. Clovis Vincent Gonsalves
3. Wilbur Joseph Gonsalves
4. Michelia Sampay
5. Karen D’Mello
6. Myran Gonsalves
All residing at Hill Dream, 27 Pali Mala Road,
Bandra (West) Mumbai 400050 … Respondents
WITH
WRIT PETITION NO. 1869 OF 1998
(Not on board, taken on board)
Shri Mona Maryan Pirel (since deceased)
Through her legal heirs
Smt. Carmel Nazareth Pereira
also since deceased
through her beneficiary
under the Will Our Lady of Sea Church,
Uttan a Trust registered under
B.P.T. Act, 1950 bearing No.D/18,
Vina Khadpe 1
302.as.wp.1868.1869.1998 @.doc
Thane, and having its registered office at
Our Lady of the Sea Church,
Uttan at Bhayander (West), Tal & Dist Thane,
though its Trustee … Petitioners
Versus
Smt. Viola Mary Gonsalves (since deceased)
by her legal heirs & representatives
1. Wenceaslaus Vincent Gonsalves (also since
deceased through his legal heirs)
2. Clovis Vincent Gonsalves
3. Wilbur Joseph Gonsalves
4. Michelia Sampay
5. Karen D’Mello
6. Myran Gonsalves
All residing at Hill Dream, 27 Pali Mala Road,
Bandra (West) Mumbai 400050 … Respondents
***
Mr. A. J. Almeida a/w Mr. Anil D’souza a/w Mr. Ernest Tuscano for
the Applicant / Petitioner in IA/16920/2022 in WP/1869/1998.
Mr. A. J. Almeida a/w Mr. Anil D’souza a/w Mr. Ernest Tuscano for
the Applicant / Petitioner in IA/17090/2022 in WP/1868/1998.
Mr. Saeed Akhtar a/w Mr. Hamza Shaikh for the Respondents in both
Writ Petitions.
Mr. Leslie Domnic Malya, Trustee of Petitioner Trust, present.
Clovis Vincent Gonsalves, Respondent No.2 present.
Wilbur Joseph Gonsalves, Respondent No.3 present.
Michelia Sampay, Respondent No.4 present.
Karen D’Mello, Respondent No.5 present.
Myran Gonsalves, Respondent No.6 present.
***
CORAM : M.M. SATHAYE, J.
DATE : 01 OCTOBER, 2026
P.C. :
1. Learned Advocates for the parties have jointly tendered the
Consent Terms dated 01.10.2026 (pages 1 to 26, including annexure
I, notarized true copy of power of attorney and copies of identity
cards). The same is taken on record and marked as ‘X’ Colly for
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identification. The Consent Terms are executed as common Consent
Terms in both the Writ Petitions.
2. The Consent Terms are signed by the Sole Trustee of the
Petitioner Trust namely “Our Lady of Sea Church, Uttan” and its
Advocate. The Consent Terms are also signed by Respondent Nos.2 to
6 and their Advocate.
3. The Consent Terms are accompanied by an notarized True
Copy of the General Power of Attorney executed by Respondent No.3
- Wilbur Joseph Gonsalves in favour of Clovis Vincent Gonsalves
(Respondent No.2). It is submitted that Respondent No. 2 is duly
authorised to represent Respondent No. 3.
4. It is jointly stated in the Consent Terms that Respondent No.1 -
Wenceaslaus Vincent Gonsalves (who was father of Respondent Nos.2
to 6) has expired and is now represented by Respondent Nos.2 to 6 as
his legal representatives and therefore, joint request is made to delete
the name of Respondent No.1 from the array of Respondents. Such
leave is also granted to delete the name of Respondent No.1 from the
array of Respondents. Amendment is already carried out.
5. Respondent Nos.2 to 6 are present before the Court who are
duly identified by their Advocate. On a query by the Court,
Respondent Nos.2 to 6 stated that they have signed the Consent
Terms after understanding contents therein and implications thereof.
6. Similarly, the sole Trustee of the Petitioner Trust / Church is
also present in Court and is duly identified by his Advocate. He also,
on a query by the Court, stated that he has signed the Consent Terms
after understanding contents therein and implications thereof.
7. The dispute arose out of proceedings under the Bombay
Tenancy and Agricultural Lands Act, 1948. Under the impugned
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orders, the Respondents are held and declared as tenants in respect
of the subject matter land.
8. It is jointly informed that for a consideration of Rs.1 Crore as
stated in paragraph No.3 of the Consent Terms, the Petitioner - Trust
is giving up its challenge to the impugned orders and request is made
for withdrawal of writ petitions.
9. The payment of Rs.1 Crore is detailed in Annexure – I paid by
Respondents in various amounts. The sole Trustee of the Petitioner
Trust / Church confirms before the Court that the total amount of
Rs.1 Crore is received.
10. Considering the aforesaid and in view of the joint request, the
Writ Petitions are disposed of as withdrawn in terms of Consent
Terms marked ‘X’ Colly. There shall be no order as to costs.
11. In view of disposal of the writ petitions, pending interim or
civil application/s, if any, stand disposed of.
12. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Vina Khadpe 4
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