Bombay High Court
SHAMA LAXMAN PARDESHIversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The order dated 18‑02‑2021 in MARJI Application No. 222/2019 is quashed and set aside.
Summary
The petitioner, Shama Laxman Pardeshi, filed a writ petition challenging the order dated 18‑02‑2021 passed by the Joint Civil Judge, Senior Division, Aurangabad in MARJI Application No. 222/2019. The petitioner relied on a settlement reached in a contempt petition (No. 450 of 2017) whereby the amount deposited was distributed among the petitioner, Respondent No. 2 and a third party, as reflected in the order dated 08‑12‑2025 in Civil Application No. 13576 of 2025. The High Court examined whether the earlier order could stand in view of the settlement and the subsequent distribution order. It held that the settlement and the later distribution order superseded the 18‑02‑2021 order, rendering it inconsistent with the parties’ agreement. Accordingly, the Court allowed the writ petition and quashed the impugned order. The decision re‑affirms the principle that courts must respect duly approved settlements and may set aside orders that conflict with them.
Issues considered
- Whether the order dated 18‑02‑2021 in MARJI Application No. 222/2019 should be quashed in view of the settlement and distribution order arising from the contempt petition.
Subjects
- writ petition
- quashing order
- contempt settlement
- civil procedure
- jurisdiction
- settlement enforcement
Judgment
2026:BHC-AUG:16254
1 of 1 81-WP.3911.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
81 WRIT PETITION NO. 3911 OF 2021
SHAMA LAXMAN PARDESHI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. Pankaj A. Bharat, Advocate for the Petitioner.
Mr. D. R. Korde, AGP for Respondent-State.
Mr. Vishwamber Digamberrao Gunale, Advocate for Respondent No.2.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 10th APRIL, 2026
P.C.:-
1. Heard learned Advocates for the respective parties.
2. Mr. Bharat, learned Advocate for the Petitioner tendered a
copy of order dated 08.12.2025 passed by the Divisional Bench of this
Court in Civil Application No.13576 of 2025 in Contempt Petition
No.450 of 2017, whereby the amount deposited came to be distributed
among Petitioner and Respondent No.2 along with one-Rajendra
Sadashiv Shresth, in view of settlement arrived between them.
3. In view thereof, the present petition is allowed. The order
dated 18.02.2021 passed below Exhibit-17 passed by the learned Joint
Civil Judge, Senior Division, Aurangabad in MARJI Application
No.222/2019 is hereby quashed and set aside.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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