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Bombay High Court

SHANTINATH TATOBA CHOUGULEversusNEMINATH TATOBA CHOUGULE

Disposal
Disposed Off

Holding

The consent terms were accepted, and the earlier judgments and decrees were set aside, with the appeal decreed in accordance with the settlement.

Summary

The appellant, Shantinath Chougule, and the respondent, Neminath Chougule, real brothers, filed a second appeal challenging earlier decrees against the appellant in a civil suit and a subsequent appeal. Both parties appeared before the court and presented a six‑page Consent Terms dated 08‑Oct‑2026, indicating an amicable settlement of the dispute. The court verified that the parties understood the terms in Marathi and that the consent was voluntarily signed. Upon reviewing the consent, the court found no violation of public policy. Consequently, the court set aside the earlier judgment and decree of the District Judge (10‑Jan‑2022) and the original trial court decree (21‑Jun‑2016), and decreed the appeal in accordance with the consent terms.

Issues considered

  • What is the effect of a mutually agreed consent decree on previously rendered civil judgments and decrees?

Subjects

  • settlement
  • consent decree
  • civil appeal
  • set aside judgment
  • family dispute
  • compromise

Judgment

                                                           911-SA-388-2022.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION
                    SECOND APPEAL NO. 388 OF 2022

 1.     Shantinath Tatoba Chougule,
        Age : 66 Yrs, Occ. Agriculture
        R/o Plot No. 38, Satale Nagar,
        Yashwantnagar, Sangli,
        Dist. Sangli                                ...Appellant

                    Versus

 1.     Neminath Tatoba Chougule,
        Age : 56, Occ. Business
        R/o S. N. Kirana Stores,
        Near Laxmi Temple, 100 ft Road,
        Basweshwar Colony, Sangli,
        District Sangli                             ...Respondent



 Mr. Kuldeep Nikam a/w Tejshri Kanase, Advocate for the
 Appellant.
 Mr. Sandeep Koregave a/w Rohan Ghatage, Advocate for the
 Respondent.




                                  CORAM :    ASHWIN D. BHOBE, J.
                                   DATE :    8th October, 2026.
JUDGEMENT :-

1.       This Second Appeal is circulated pursuant to the praecipe dated

06.10.2026, which is marked with “X” for identification. In view of the

statement made by Mr Kuldeep Nikam, learned Advocate for the

Appellant, that the parties have settled the dispute and desire to file


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consent terms, circulation was granted, and this Appeal was ordered to

be listed today.



2.      Heard, Mr. Kuldeep Nikam, learned Advocate for the Appellant

and Mr. Sandeep Koregave, learned Advocate for the Respondent.



3.      The subject matter of this Second Appeal is the Judgment and

Decree dated 10.01.2022, passed by the District Judge-1, Sangli

(“Appellate Court”), in Regular Civil Appeal No. 263 of 2016, by which

the Appellate Court has maintained the Judgment and Decree dated

21.06.2016, passed by the Joint Civil Judge, Junior Division, Sangli

(“Trial Court”), in Regular Civil Suit No. 344 of 2012, by which the

Regular Civil Suit No. 263 of 2016, filed by the Appellant, was

dismissed.



4.      In Regular Civil Suit No. 344 of 2012, the Appellant is the

Plaintiff and the Respondent is the Defendant. The challenge in this

Appeal concerns the concurrent decrees passed against the Appellant in

Regular Civil Suit No. 344 of 2012 and Regular Civil Appeal No. 263 of

2016.



5.      Mr. Kuldeep Nikam, learned Advocate for the Appellant and Mr.

Sandeep Koregave, learned Advocate for the Respondent, state that the
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Appellant and the Respondent, who are real brothers, have amicably

settled the dispute in Regular Civil Suit No. 344 of 2012 and entered

into a compromise by signing the Consent Terms dated 08.10.2026.



6.      Mr. Kuldeep Nikam, learned Advocate for the Appellant, states

that the Appellant is present in Court and has been identified by him.



7.      Mr. Sandeep Koregave, learned Advocate for the Respondent,

states that the Respondent is present in Court and has been identified

by him.



8.      Mr. Kuldeep Nikam and Mr. Sandeep Koregave, learned

Advocates for the parties, jointly tender the Consent Terms dated

08.10.2026 (6 pages), signed by the Appellant and the Respondent, as

well as by Advocate Mr. Kuldeep Nikam and Advocate Mr. Sandeep

Koregave. The Consent Terms dated 08.10.2026 is taken on record and

marked with “X-1” for identification.



9.      The Appellant and Respondent are well conversant with Marathi,

as submitted by their respective Advocates Mr. Kuldeep Nikam and Mr.

Sandeep Koregave. When asked in Marathi, the Appellant and the

Respondent state that the consent terms (X-1) are as per their say and

that their respective Advocates read over the contents to them. They
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                     state that they have signed the consent terms (X-1) and identify their

                     signatures on the same.



                     10.     Perused the consent terms dated 08.10.2026 (X-1). The contents

                     do not indicate that they are against public policy.



                     11.     In view of the aforesaid statements made by Mr. Kuldeep Nikam,

                     learned Advocate for the Appellant and Mr. Sandeep Koregave, learned

                     Advocate for the Respondent, in the presence of the Appellant and

                     Respondent, the Consent Terms are accepted.



                     12.     Consequently, the Judgment and decree dated 10.01.2022 passed

                     in Regular Civil Appeal 263 of 2016 and Judgment and Decree dated

                     21.06.2016, passed in Regular Civil Suit No. 344 of 2012, are set aside

                     and the present Appeal is decreed in terms of the Consent Terms dated

                     08.10.2026 (X-1).



                     13.     In view of the above, Second Appeal No. 388 of 2022 is decreed

                     in terms of the Consent Terms dated 08.10.2026 (X-1). The decree shall

                     be drawn accordingly.



                                                                     (ASHWIN D. BHOBE, J.)

        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA      Arjun                             4
KRISHNA RODGE
RODGE   Date:
        2026.10.09
        21:59:55
        +0530


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