Bombay High Court

SHRI. NIVRUTI SHANKAR KHULE AND ANOTHERversusSHRI. MANOHAR SHANKAR KHULE AND OTHERS

Decided: 9 September 2026
Disposal: Disposed Off

Holding

The appeal is disposed of and the decree modified in accordance with the parties' consent terms.

Summary

The appellants filed a second appeal which the court directed to mediation on 16 June 2026. The mediator reported a successful settlement on 29 August 2026 and the parties executed consent terms on the same date. The consent terms were placed on record and marked for identification. The court disposed of the second appeal in accordance with the consent terms, thereby modifying the impugned decree as per the settlement. Consequently, the related civil application was also dismissed as it no longer survived.

Issues considered

Whether a civil appeal can be disposed of on the basis of parties' consent terms arising from mediation
Effect of a mediated settlement on the modification of the impugned decree
Whether the related civil application stands disposed upon disposal of the appeal

Subjects

mediation
consent terms
civil appeal
modification of decree
disposal of appeal
civil application

Judgment

                      Sonali Mane                                               17-SA-582-2014.docx



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION

                                           SECOND APPEAL NO. 582 OF 2014
                                                         WITH
                                        CIVIL APPLICATION NO. 1410 OF 2014
                                                           IN
                                           SECOND APPEAL NO. 582 OF 2014

                      Shri. Nivruti Shankar Khule (Decd.) Thr. Lrs.
                      Anil Nivruti Khule And Ors.                               … Appellants
                               Versus

                      Shri. Manohar Shankar Khule And Ors.                      … Respondents



                      None for Appellants.
                      Mr. Sachin Gite for Respondents.



                                                       CORAM        : SANDEEP V. MARNE, J.

                                                       DATE         : 9 SEPTEMBER 2026.

                      P.C. :


                      1)        By Order dated 16 June, 2026, the appeal was sent for mediation.

                      The mediator has submitted his report dated 29 August, 2026, the

                      report indicates successful completion of mediation proceedings.

                      Parties have arrived at consent terms dated 29 August, 2026. The

                      consent terms are signed by Appellant Nos. 1a to 1c and 2 and by

                      Respondent Nos. 1, 2 and 3. The consent terms are forwarded to the
   MANE
   SONALI
   DILIP
Digitally signed by
MANE SONALI DILIP                                   ___Page No.1 of 2___
Date: 2026.09.11
11:29:38 +0530
                                                      9 September 2026
Sonali Mane                                                    17-SA-582-2014.docx



Court alongwith report of the mediator through the District Mediation

Center, Nashik.




2)            The consent terms are taken on record and marked as “X” for

identification. The report of the mediator dated 29 August, 2026 is also

taken on record and marked “X-1” for identification. Since the consent

terms are signed and executed by the parties before the mediator, it

would be appropriate to dispose of the Second Appeal in view of the

terms settled between the parties.




3)            The Second Appeal is accordingly disposed of in view of the

consent terms. The impugned decree shall accordingly stand modified,

in accordance with the consent terms.




4)       In view of disposal of the Second Appeal, the Civil Application

does not survive and hence stands disposed of.



                                                       [SANDEEP V. MARNE, J.]




                                ___Page No.2 of 2___
                                  9 September 2026

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