Bombay High Court

SMT. TEJASHREE RAJENDRA KATHE AND ORSversusSHRI VIKAS MARCUS SAWANT AND ORS

Decided: 25 June 2026
Disposal: Allowed
Bench: JITENDRA SHANTILAL JAIN

Holding

The appeal is disposed of in accordance with the consent terms submitted by the parties.

Summary

The appellants filed a first appeal in the Bombay High Court, which was admitted in September 2012. An interim application was filed seeking deletion of Appellant No.5, which the court allowed, dispensing with reverification. The parties subsequently reached a settlement and submitted consent terms, which were recorded and identified in the court file. Both parties, represented by their advocates, affirmed that they understood and signed the consent terms voluntarily and without duress. The court treated the undertakings in the consent terms as binding on the parties and disposed of the appeal in accordance with those terms.

Issues considered

Whether the appeal should be disposed of on the basis of the parties' consent terms
Whether the deletion of Appellant No.5 in the interim application is permissible

Subjects

settlement
consent terms
interim application
deletion of party
civil appellate jurisdiction
Bombay High Court

Judgment

rsk                              1                          903-FA-1121-12.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                      FIRST APPEAL NO.1121 OF 2012
                                 WITH
                  INTERIM APPLICATION NO.4516 OF 2026

Smt. Tejashree Rajendra Kathe & Ors.               ….Appellants
Vs
Shri Vikas Marcus Sawant & Ors.                    .…Respondents

_____________________________________________________________
Mr. Sachin Gite for the Appellants/Applicants.
Mr. Sarthak Diwan for the Respondent No.3.
_____________________________________________________________

                                     CORAM : JITENDRA JAIN, J.
                                     DATED : 25 JUNE 2026
P. C. :

          INTERIM APPLICATION NO.4516 OF 2026
1.        Delay if any is condoned. This application is filed for deletion of
Appellant No.5. For the reasons stated in the application deletion is
permitted. Amendment to be carried out and reverification is
dispensed with.

          FIRST APPEAL NO.1121 OF 2012
2.        This appeal was admitted on 5 September 2012. The parties
have settled the matter between them and have tendered consent
terms which are taken on record and marked as “X” for identification.

3.        The appellants are present in the Court. The officer of
Respondent No.3 is also present in the Court. Signatures of the parties
have been identified by their respective advocates.
rsk                            2                    903-FA-1121-12.doc


4.    The parties have in the Court stated that they have understood
the contents of the Consent Terms and same has been explained to
them by their respective advocates in the language which is known to
them. The parties have stated that Consent Terms have been signed
without any duress.

5.    Appeal is disposed of in terms of the Consent Terms which are
taken on record. Undertakings given in the Consent Terms are to be
treated as undertaking given to the Court.

6.    Appeal is disposed of.

                                             [ JITENDRA JAIN, J. ]

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