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Bombay High Court

JAYANTILAL VIDHALBHAI SHAPARIA AND ORS.versusVRUSHALI VILAS AACHARYA AND ORS.

Decided
Disposal
Dismissed

Holding

The trial court's order refusing withdrawal of the consent pursis and directing the suit to continue was lawful and not subject to interference.

Summary

The petitioners, defendants nos. 9 to 13, challenged a trial court order that refused their application to withdraw previously filed consent pursis and directed the parties to continue with the underlying suit. The petitioners argued that the consent terms had been signed and acted upon, rendering the suit unnecessary, while the plaintiffs contended that the consent terms had not been acted upon and sought withdrawal. The trial court had not formally accepted the consent pursis, merely noting its filing, and therefore rejected the withdrawal request and ordered the suit to proceed. The appellate judge examined the record and found no error, stating that filing a consent pursis does not constitute court acceptance and the suit remained pending. Consequently, the appellate court held that there was no illegality or perversity in the trial court's order and declined to interfere under Article 227. The writ petition was dismissed.

Issues considered

  • Whether the trial court erred in refusing the application to withdraw the consent pursis and directing the parties to proceed with the suit.

Subjects

  • consent pursis
  • withdrawal of consent
  • civil procedure
  • Article 227
  • writ petition
  • trial court discretion

Judgment

                                                                               36-WP-6925-2018.docx


                rrpillai           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                           WRIT PETITION NO. 6925 OF 2018

                              Jayantilal Shaparia and Others             …     Petitioners
                                   Vs.
                              Vrushali Aacharya and Others               …     Respondents


                              Ms. Yogita Deshmukh Chitnis for the Petitioners.
                              Mr. Satyajeet Joshi a/w. Mr. Chinmay Joshi for Respondent
                              No. 1.
                                                      CORAM : GAURI GODSE, J.

                                                      DATE :       4th MARCH 2026

                              ORDER :


                              1.    This petition is filed by defendant nos. 9 to 13 to

                              challenge the order passed by the trial court refusing the

                              permission sought by the plaintiffs to withdraw the consent

                              pursis and further directed parties to proceed with the suit.

                              Learned counsel for the petitioners submits that the consent

                              terms were signed by plaintiff no. 1. The same was taken on

                              record on 5th March 2015. Thereafter, the suit has been

                              virtually worked out as the parties have acted upon the

                              consent pursis. She therefore submitted that there was no

           Digitally signed
                              reason for the trial court to proceed with the suit.
           by
RAJESHWARI RAJESHWARI
           RAMESH
RAMESH     PILLAI
PILLAI     Date:
           2026.03.10
           20:45:35 +0530

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                                                36-WP-6925-2018.docx


2.    Learned counsel for the plaintiffs submits that the terms

have not been acted upon and therefore she had filed

application to withdraw the consent terms. She submits that

after the impugned order the suit has proceeded and plaintiff

has filed evidence affidavit.


3.    I have perused the papers. On the consent terms

except for an endorsement by the concerned Judge,

recording that, ‘it is seen and filed’ there is no order passed

accepting the consent terms. The trial court has rejected the

application to withdraw the pursis. However, since the suit

has remained pending, directed the parties to proceed with

the suit.


4.    I do not find any error in the impugned order. Mere

filing of the consent pursis would not amount to the court

recording any satisfaction and accepting the consent terms.

There is no dispute that the suit was never disposed of in

terms of the consent pursis. The trial court has therefore

rightly directed the parties to proceed with the suit. Grievance

if any, of the parties regarding the consent pursis, can be

considered at the appropriate stage, during the trial. I do not

find any illegality or perversity in the impugned order.


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                                                 36-WP-6925-2018.docx


5.    There is no reason to interfere with the impugned order

in the exercise of the discretionary jurisdiction under Article

227 of the Constitution of India.


6.    The writ petition is therefore rejected.




                                            [GAURI GODSE, J.]




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