HINDURAO BALU PATIL Vs. ANANDA BALU PATIL

JUDGEMENT

(1.) Mr. Anand Patil, learned counsel appearing for the Appellants and Mr. Yadav, learned counsel appearing for the Respondent tender Consent Terms dtd. 16/6/2023. The Consent Terms are signed by the Appellants and the sole Respondent.

(2.) In the Court, Appellant No.1 - Hindurao Balu Patil, heirs of Appellant No.2 namely Anusaya Gundu Patil and Rajendra Gundu Patil, son of Appellant No.3 i.e. Dattatray Khandu Patil, Appellant No.4(a) - Sangita Mukunda Patil, Appellant No.4(b)- Pratiksha Mukunda Patil, Appellant No.4(c) Prathamesh Mukunda Patil and sole Respondent - Ananda Balu Patil are personally present. Learned Advocate Mr. Anand S. Patil also tenders in Court photocopies of Aadhar Cards of all the Appellants and learned Advocate Mrs. Yadav tenders photocopy of Aadhar Card of the sole Respondent. Photocopies of respective Aadhar Cards are self attested by the respective parties. Appellant No.3 i.e. Khandu Balu Patil is although present in the Court premises, however, as he is not able to walk he is not personally present in the Court Room. However, his son Dattatray Khandu Patil is present in the Court. All the Appellants who are present in the Court and the sole Respondent as well as the son of Appellant No.3 states that the dispute between them has been amicably resolved in terms of the Consent Terms. The said Consent Terms are signed by all the Appellants and sole Respondent. On every page of the Consent Terms, learned Advocate appearing for the Appellants and the learned Advocate appearing for the sole Respondent have put their signatures for identification purpose. The last page of the Consent Terms is signed by all the Appellants and the sole Respondent and their respective signatures are identified by the respective Advocates. The learned Advocate appearing for the Appellants and the sole Respondent states that the Consent Terms are executed by the respective parties. All the Appellants and the sole Respondent have submitted that the dispute between them is resolved in accordance with the Consent Terms. Accordingly, the Consent Terms are taken on record and marked 'X' for identification. Photocopies of Aadhar Card of all the Appellants as well as the sole Respondent are also taken on record and marked 'X1' for identification.

(3.) In view of the Consent Terms, the Judgment and Decree dtd. 29/3/2012 passed by the learned Civil Judge, Junior Division, Kagal in Reg. Civil Suit No.132 of 2011 as well as the Judgment and Decree dtd. 19/8/2014 passed by the learned Ad-hoc District Judge-3, Kolhapur in Reg. Civil Appeal No.176 of 2012 are quashed and set aside and said Reg. Civil Suit No.132 of 2011 is decreed in terms of the Consent Terms. The soft copy of Consent Terms arrived between the parties is uploaded separately as second order.