Bombay High Court

VISHWAMBAR VINAYAK KESKAR (DECEASED THR. LRS) VAISHALI VISHWAMBHAR KESKAR AND ORSversusBHARAT BHIMRAO BARBOLE AND ORS

Disposal: Disposed Off
Bench: MEHROZ ASHRAF KHAN PATHAN

Holding

The court granted leave to withdraw the second appeal and disposed of it as withdrawn pursuant to the parties’ consent terms.

Summary

The appellants and respondents, together with their legal heirs, executed Consent Terms on 2 July 2026, which were signed in the presence of counsel and the court. Both parties sought leave to withdraw the pending Second Appeal in accordance with these Consent Terms. The court, after verifying the authenticity of the signatures and the parties' understanding of the terms, granted the leave to withdraw. Consequently, the Second Appeal was disposed of as withdrawn, and the parties were directed to act per the Consent Terms. All pending interim applications, if any, were also disposed of.

Issues considered

Whether the court may grant leave to withdraw a second appeal based on consent terms signed by the parties.

Subjects

withdrawal of appeal
consent terms
civil procedure
appellate jurisdiction

Judgment

                                                    12-SA-758-2022

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CIRCUIT BENCH AT KOLHAPUR

                 CIVIL APPELLATE JURISDICTION

                SECOND APPEAL NO. 758 OF 2022


Vishwambar Vinayak Keskar (deceased Thr. Lrs)              ...Appellants
Vaishali Vishwambhar Keskar And Ors
      Versus
Bharat Bhimrao Barbole
And Ors                                                  ...Respondents
                           With
           INTERIM APPLICATION NO. 20147 OF 2022
                            IN
               SECOND APPEAL NO. 758 OF 2022

Vishwambar Vinayak Keskar (deceased Thr. Lrs)              ...Applicants
Vaishali Vishwambhar Keskar And Ors
      Versus
Bharat Bhimrao Barbole
And Ors                                                  ...Respondents


                          ——————
Mr. D. R. Sutar a/w. Reshma J. Adnaik, Advocate for appellants.

Mr. Shantanu B. Patil h/f. Mr. Shubham Kanade, Advocate for
respondent nos. 2A & 2B.

Mr. Harish Shinde, Advocate for respondent nos. 1 & 3.
                          ——————




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                                                          12-SA-758-2022

                                   Coram :     MEHROZ K. PATHAN, J.

                                   Date    :   July 02, 2026.

P. C. :

1.        The appellants as well as the respondents and their legal heirs

have entered into Consent Terms dated 2nd July 2026. The Consent

Terms, duly signed by the parties, are taken on record and marked

"X" for identification. The learned counsel for the respective parties

state that the parties have signed the Consent Terms in their

presence and that they identify their respective signatures. Both the

learned counsel further state that they have explained the contents

of the Consent Terms to the signatories and that the signatories have

signed the Consent Terms after understanding the contents thereof.

Both the learned counsel further state that all the signatories are

present in Court and identify their respective clients.

2.        The learned counsel for the parties, on instructions, seek leave

to withdraw the present Second Appeal in terms of the Consent

Terms. Leave granted.

3.        The Second Appeal stands disposed of as withdrawn in terms

of the Consent Terms dated 2nd July 2026. Parties to act in



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                                                       12-SA-758-2022

accordance with consent terms. The statements made by the parties

in the Consent Terms are accepted as undertakings to this Court.

4.    All pending Interim Applications, if any, stand disposed of.



                                           [MEHROZ K. PATHAN, J.]




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