Bombay High Court
SUNIL KASHINATH KAMTHE AND ANRversusLATE HIRAMAN ANKUSH AMBEKAR SINCE DECD, THR LRS
- Decided
- Disposal
- Disposed Off
- Bench
- N JAMADAR
Holding
The court recorded the consent terms and disposed of the writ petition, allowing the petitioners to withdraw it unconditionally.
Summary
The petitioners Sunil Kashinath Kamthe and others filed a writ petition in the Bombay High Court. The parties subsequently reached an amicable settlement and executed consent terms. Both sides applied to the court for leave to tender these consent terms. The court examined the submissions, found no evidence of coercion or duress, and accepted that the parties fully understood and voluntarily executed the terms. Consequently, the court recorded the consent terms on the record, ordered the petitioners to withdraw the writ petition unconditionally, and disposed of the petition and the interim application.
Issues considered
- Whether the court may record consent terms and dispose of a writ petition upon the parties' mutual agreement
Subjects
- consent terms
- writ petition
- withdrawal
- amicable settlement
- civil appellate jurisdiction
- Bombay High Court
Judgment
501-WP9599-2025+.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9599 OF 2025
Sunil Kashinath Kamthe And Anr ...Petitioners
Versus
Late Hiraman Ankush Ambekar Since
SANTOSH
SUBHASH Deceased, Through LRs …Respondents
KULKARNI WITH
Digitally signed by
SANTOSH SUBHASH
KULKARNI
INTERIM APPLICATION NO. 10298 OF 2025
Date: 2026.02.18
17:24:08 +0530 IN
WRIT PETITION NO. 9599 OF 2025
Mr. Prathamesh Bhargude, for the Petitioners.
Mr. Drupad Patil, for the Respondents.
CORAM: N. J. JAMADAR, J.
DATED: 17th FEBRUARY, 2026
PC:-
1. Heard the learned Counsel for the parties.
2. The learned Counsel for the petitioners and respondent
Nos.1.1 and 1.2 submit that, the petitioners, respondent
Nos.5, 5.1, 5.2 and 5.3 and respondent Nos.1.1 and 1.2 have
amicably resolved the dispute and Consent Terms have been
executed.
3. The learned Counsel for the parties seek leave to tender
the Consent Terms.
Leave granted.
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501-WP9599-2025+.DOC
4. Mr. Sunil Kamthe, petitioner No.1 and the Power of
Attorney holder of petitioner Nos.2 and 3 and respondent
No.5, is present before the Court. Respondent Nos. 5.1, 5.2
and 5.3 as well as respondent Nos.1.1 and 1.2 are present
before the Court. The parties admit the contents of the
Consent Terms and the execution thereof.
5. Upon being enquired, by the Court, the parties state
that they have read and understood the contents of the
Consent Terms and they admit the same. They state that
they will abide by the contents of the Consent Terms.
6. It appears that, the parties have amicably resolved the
dispute and Consent Terms have been executed voluntarily. It
does not appear that there is any coercion or duress. The
parties are identiAed by their respective Advocates.
7. Consent Terms are thus taken on record and marked
‘X’.
8. In view of the Consent Terms ‘X’, the petitioners –
original plaintiffs withdraw the present writ petition
unconditionally.
9. The petition stands disposed in accordance with the
Consent Terms ‘X’.
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501-WP9599-2025+.DOC
10. The undertakings given in the Consent Terms ‘X’ are
accepted as the undertakings to the Court.
11. In view of disposal of the petition, IA/10298/2025
stands disposed.
[N. J. JAMADAR, J.]
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