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Bombay High Court

RAJESH ARJUN GAWALIversusJYOTI RAJESH GAWALI

Disposal
Dismissed

Holding

The order based on the duly signed settlement document is valid and not vitiated by any fraud or illegality.

Summary

The petitioner, Rajesh Arjun Gawali, challenged a common order dated 06.02.2025 that was based on a settlement document (Exhibit 73) which he alleged was fraudulently obtained by suppressing paragraph 9. He claimed the order imposed an arbitrary liability and threatened action against the lawyer who signed the settlement. The respondent, Jyoti Rajesh Gawali, contended that both parties were fully aware of the settlement terms, that paragraph 9 was not concealed, and that the petitioner was in default of maintenance for the respondent and a minor child. The court observed that the settlement document was signed by both the petitioner and his lawyer, and no evidence was presented to prove non‑disclosure or fraud. Consequently, the court found no illegality or perversity in the impugned order and dismissed the writ petition.

Issues considered

  • What is the effect of alleged non‑disclosure of a settlement clause (paragraph 9) on the validity of the order based on that settlement?
  • Whether the impugned order is vitiated by fraud or procedural impropriety?
  • Whether the petitioner is liable to pay maintenance to the respondent and minor child?

Subjects

  • settlement
  • fraud
  • maintenance
  • writ petition
  • civil appellate jurisdiction
  • impugned order
  • disclosure

Judgment

                                                                                     56-WP-2657-2026=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO. 2657 OF 2026

          Digitally
                       Rajesh Arjun Gawali                                         … Petitioner
          signed by
          UDAY
UDAY      SHIVAJI                       Vs.
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.08.07
          16:40:37
          +0530
                       Jyoti Rajesh Gawali                                         … Respondent
                                                       ………….
                       Mr. Gajanan M. Savagave a/w Prashant N. Bandgar for the Petitioner
                       Mr. Laxman K. Kalel for the Respondent
                                                       ………….
                                                          CORAM : SHAILESH P. BRAHME, J.
                                                          DATE        : 6th AUGUST, 2026.
                       P. C. :

                       .         Heard both sides.

                       2.        The petitioner is assailing common order dated 06.02.2025 passed

                       below Exhibits 6, 42, 50 and 73 in Petition No. A-560 of 2020.

                       3.        Learned counsel for the petitioner submits that impugned order is

                       obtained fraudulently by suppressing paragraph no.9 of the Pursis at

                       Exh.73. The petitioner is prepared to take action against the concerned

                       lawyer. The impugned order passed on the basis of concession, relying

                       upon Exh.73 is unsustainable. The liability imposed upon the petitioner

                       is arbitrary and taxing.

                       4.        Alternatively, it is further contended that the petitioner is ready to

                       settle the matter.


                       Uday S. Jagtap                        1 of 2
                                                           56-WP-2657-2026=.doc



5.       Learned counsel for the respondent informs this Court that there

were attempts of settlement previously also.        Pursis at Exh.73 is the

outcome of the settlement. The petitioner and his lawyer were very well

aware of all the clauses of settlement. To avoid the liability, after though

stand is being taken that paragraph no.9 was not disclosed.              It is

contended that petitioner is not paying maintenance to the respondent

and minor child.

6.       The pursis at Exh.73 is not only signed by the petitioner but his

lawyer also. Except bare submission of learned counsel for the petitioner,

there is nothing on record that paragraph no.9 was not disclosed to the

petitioner and fraudulently the pursis got signed by his client.

7.       Both the parties had come to the terms and jointly filed pursis at

Exh.73. The trial Court has rightly relied upon the same while passing

the impugned order.

8.       There is no reason to discard the submissions of respondent that

previously attempts were there for settlement. To avoid the financial

liability, the petitioner has taken a stand which is unfounded.     I do not

find any illegality or perversity in the impugned order.

9.       The Writ Petition is dismissed.

                                              ( SHAILESH P. BRAHME, J. )


Uday S. Jagtap                       2 of 2


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