Bombay High Court
SHRI BHOLADASJI MANDIR ETC.versusVISHWANATH SHANKAR VADNEKAR
- Decided
- Disposal
- Disposed Off
Holding
The writ petitions are disposed of in terms of the consent terms signed by the parties.
Summary
The petitioners and respondents filed writ petitions before the Bombay High Court. Both parties subsequently executed consent terms on 1 August 2026, which were signed by their authorized representatives, trustees, and advocates, and were recorded in a Memorandum of Understanding in Marathi. The court accepted the consent terms, including annexed documents such as a letter from the Nashik Municipal Corporation, as binding undertakings. It held that the assurances contained therein were sufficient to dispose of the writ petitions. Consequently, the court ordered the petitions to be dismissed in accordance with the consent terms and declared any pending interim applications infructuous.
Issues considered
- Whether the writ petitions can be disposed of on the basis of consent terms signed by the parties and their representatives
- Whether the annexed Memorandum of Understanding and related documents form part of the consent terms
- Whether pending interim applications become infructuous upon settlement
Subjects
- consent order
- settlement
- writ petition
- civil appellate jurisdiction
- video conferencing
- memorandum of understanding
- interim application
- disposal
Judgment
501-wp-4886-2000-wp.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4886 OF 2000
WITH
WRIT PETITION NO. 4894 OF 2000
WITH
INTERIM APPLICATION NO. 16061 OF 2024
Shri Bholadasji Mandir Etc … Petitioner
vs.
Vishwanath Shankar Vadnekar and Ors … Respondents
Mr. Hrishikesh S. Shinde for the Petitioner
Mr. Kishor Shrivaishnav, Petitioner present.
Digitally
signed by
Mr. Sham Thakur for Respondent.
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
Mr. Prakash V. Vadnerkar and Mr. Shashikant V. Vadnerkar for
2026.08.19
11:15:21
+0530
Respondent Nos. 1B and 1C(on VC).
Mr. Naresh Prakash Vadnerkar, Respondent No. 1B and 1C
present.
CORAM : GAURI GODSE, J.
DATED : 18th AUGUST 2026
ORDER:
1. Not on board. Taken on the production board in view of the
production praecipe submitted on behalf of the respondent.
2. Learned counsels for the parties tendered two separate
Page no. 1 of 3
501-wp-4886-2000-wp.doc
consent terms dated 1st August 2026, in each of the petitions. The
consent terms are signed by the authorised representative who is
the Trustee of the petitioner and the respondents. Learned counsels
for the parties submit that the respondents have joined through
Video Conferencing. The consent terms is also signed by the Power
of Attorney holder of the respondents. Learned counsel for the
respondents identifies the respondents who have joined through the
Video Conferencing and the Power of Attorney holder who is
present in the court.
3. The photocopy of the terms agreed between the parties
recorded in a Memorandum of Understanding, in Marathi is annexed
to both the consent terms. The letter issued by the Nashik Municipal
Corporation recording rehabilitation of the respondents is also
annexed to the consent terms. The consent terms are also signed
by the respective advocates. Learned counsel for the petitioner
identifies the authorised representative and the sole trustee of the
petitioner who has signed the consent terms and is present in the
court.
4. The consent terms dated 1st August 2026 are taken on record
in each of the petitions and marked ‘X’ and ‘X-1’ respectively with
today’s date for identification.
Page no. 2 of 3
501-wp-4886-2000-wp.doc
5. The assurances recorded in the consent terms are accepted
as undertakings to this court. The terms agreed as recorded in the
copy of the Memorandum of Undertaking in Marathi which is
annexed to the consent terms shall also be treated as a part of the
consent terms.
6. The writ petitions are disposed of in terms of the consent
terms.
7. Interim Applications pending, if any, are disposed of as
infructuous.
(GAURI GODSE, J.)
Page no. 3 of 3
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