LAWS(BOM)-2013-9-93

KAMLAKANT NATWARLAL SHAH Vs. JAGDISHCHANDRA NATWARLAL SHAH

Decided On September 20, 2013
Kamlakant Natwarlal Shah Appellant
V/S
Jagdishchandra Natwarlal Shah Respondents

JUDGEMENT

(1.) Admit. Learned counsel for the Respondents waive service.

(2.) The appeal arises from a judgment of a learned Single Judge dated 28 September 2012 by which a Motion for recording a compromise in terms of the consent terms allegedly agreed upon between the parties on 5 December 2011, has been made absolute. In consequence, the learned Single Judge has decreed the suit for partition in terms of the consent terms.

(3.) The Appellant and the First Respondent are brothers. The Second Respondent is their mother. The Third Respondent is their sister. The Appellant instituted a suit for partition of two properties : a residential flat situated at Himgiri Co-operative Society at Peddar Road, Mumbai and another residential flat situated at Deccan Chambers, Girgaum, Mumbai.