Bombay High Court

MEHTA BUILDERSversusMOHANCHANDRA NATHALAL DESAI

Disposal: Disposed Off

Holding

The writ petition is disposed of in view of the parties’ consent terms.

Summary

Mehta Builders filed a writ petition before the Bombay High Court, Circuit Bench, Kolhapur, seeking relief against Mohanchandra Nathalal Desai. The parties submitted consent terms (Exh. ‘X’) and agreed to settle the dispute. The court noted that the heirs of the deceased respondent had been listed in a separate review petition but had not yet been formally added to the writ petition; leave was granted to incorporate them and amend the petition accordingly. No substantive legal controversy was contested, as the parties consented to the terms of settlement. Consequently, the court disposed of the writ petition in accordance with the consent terms and also dismissed the pending interim application.

Subjects

consent decree
writ petition
civil appellate jurisdiction
heirship
amendment

Judgment

                                                          122 WP 4352 OF 2006.odt

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

                    122 WRIT PETITION NO. 4352 OF 2006
                                   WITH
                  CIVIL APPLICATION IN WP NO. 705 OF 2019
                                     IN
                      WRIT PETITION NO. 4352 OF 2006
                              MEHTA BUILDERS
                                  VERSUS
                     MOHANCHANDRA NATHALAL DESAI
                                        ...
     Advocate for Petitioner : Mr. Sujal Magdum a/w Benazir Jamadar i/by
                              Umesh R. Mankapure
        Advocate for Respondent No. 1A to 1C : Mr. Avesh A. Ghadge
                                         ...
                        CORAM                : SHAILESH P. BRAHME, J.
                      DATE                 : 28.09.2026

PER COURT :

         The counsels and the parties are present before the Court. They
tender on record consent terms, which are marked as Exh. ‘X’. The counsel
for the parties undertakes to file duly sworn affidavits of the clients present
today during the course of the day.

2.      The heirs of the respondent has already been brought on record in
review petition No. 52/2022 but technically no steps could be taken to
incorporate them in the writ petition. There is no dispute about the heirship
of the deceased respondent. Leave is granted to bring heirs of the deceased
respondent on record. Necessary amendment shall be carried out.

3.      The writ petition is disposed of in view of consent terms Exh. ‘X’.
Pending Interim Application is disposed of.



                                       ( SHAILESH P. BRAHME, J.)

mkd/-

                                                                             1/1

Continue reading with your account

Checking your session…