Bombay High Court

REKHA SHIVAJI PATILversusVIKRAM DATTATRAYA POWAR and ANR.

Disposal: Disposed off as Withdrawn
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The appeal is withdrawn and disposed of in accordance with the parties' consent terms.

Summary

Rekha Shivaji Patil filed a second appeal against Vikram Dattatraya Powar and another respondent. During the hearing, both parties reached an amicable settlement and executed consent terms on 10 July 2026, wherein the respondent agreed to pay Rs.5,50,000 by cheque as full and final settlement. The cheque was handed over in open court. The appellant, through counsel, sought permission to withdraw the appeal in light of the settlement. The court accepted the consent terms, granted permission to withdraw, and disposed of the appeal and any pending applications.

Issues considered

Whether a second appeal can be withdrawn after the parties have reached a settlement and executed consent terms.

Subjects

settlement
consent terms
withdrawal of appeal
civil procedure
cheque payment

Judgment

1
36-SA-672-2022(C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 672 OF 2022
WITH
CIVIL APPLICATION NO. 145 OF 2019
IN
SECOND APPEAL NO. 672 OF 2022

Rekha Shivaji Patil ….Appellant/Applicant
VERSUS
Vikram Dattatraya Powar and Anr. ....Respondents

-----
Mr. Ajay Parsekar h/f Mr. Shantanu S. Raktate, for Appellant/Applicant.
Mr. Vinod Shejwal h/f Mr. Tanaji Mhatugade, for Respondent No.1.
Digitally
signed by
-----
SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM Date:
2026.07.14
11:44:42
+0530
CORAM : MEHROZ K. PATHAN, J.
DATE : 10th JULY, 2026.
P.C.

1. Heard learned counsel Mr. Ajay Parsekar holding for Mr.

Shantanu Raktate for the Appellant/Applicant and learned counsel Mr.

Vinod Shejwal holding for Mr. Tanaji Mhatugade for Respondent No.1.

2. Both the learned counsel submit that parties have amicably

settled their dispute and they have arrived at Consent Terms to be followed

by the Appellant as well as the Respondent No.1.

3. The Consent Terms dated 10th July, 2026, duly signed by the

Appellant/Applicant and the Respondent No1, who are personally present

before the Court, are tendered on record. Their signatures are identified by

their respective Advocates.

Shantanu S. Dhudum
2
36-SA-672-2022(C).DOC

4. The Consent terms are taken on record and marked as “X” for

identification.

5. The Respondent No.1 has agreed to pay an amount of

Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) to the

Appellant/Applicant by cheque in full and final settlement of the disputes.

6. The cheque for an amount of Rs.5,50,000/- is handed over to the

Appellant/Applicant in open Court.

7. In view of the settlement arrived at between the parties and the

Consent Terms placed on record, the learned counsel for the

Appellant/Applicant, upon instructions, seeks permission to withdraw the

present second appeal. Permission is granted.

8. The second appeal stands disposed off as withdrawn in terms of

the Consent Terms.

9. All pending applications, if any, also stands disposed of.

10. The parties shall abide by and act in accordance with the

Consent Terms.

( MEHROZ K. PATHAN, J.)

Shantanu S. Dhudum

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