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Bombay High Court

SHRI BHOLADASJI MANDIR ETCversusVISHWANATH SHANKAR VADNEKAR

Decided
Disposal
Disposed Off

Holding

The writ petitions are disposed of in terms of the consent terms.

Summary

The Bombay High Court entertained writ petitions filed by Shri Bholadasji Mandir and others against Vishwanath Shankar Vadnekar and others. Both parties submitted consent terms dated 1 August 2026, signed by authorized representatives, trustees, and advocates, with some respondents appearing via video conferencing and a power of attorney holder present in court. The consent terms incorporated a Marathi Memorandum of Understanding and a letter from Nashik Municipal Corporation regarding the respondents' rehabilitation. The court accepted the assurances in the consent terms as undertakings and treated the annexed memorandum as part of the consent. Consequently, the writ petitions were disposed of in accordance with the consent terms, and any pending interim applications were deemed infructuous.

Issues considered

  • Whether the writ petitions may be disposed of on the basis of the parties' consent terms and associated undertakings

Subjects

  • consent terms
  • writ petition
  • disposal
  • video conferencing
  • power of attorney
  • memorandum of understanding
  • rehabilitation
  • High Court

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

                     Respondent Nos. 1B and 1C(on VC).
        11:15:21
        +0530




                     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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