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2015 Supreme(Bom) 1647

F.M.REIS, K.L.WADANE
Sita Shripad Narvekar – Appellant
Versus
Auduth Timblo – Respondent


Advocates Appeared:
Mr. Yogesh V. Nadkarni with Mr. Rohan Shirodkar, Advocate for the Appellants.
Mr. Sudesh Usgaonkar, Advocate for the Respondent.

JUDGMENT :

F.M. REIS, J.

Heard Mr. Y.V. Nadkarni, learned Counsel appearing for the appellants and Mr. Sudesh Usgaonkar, learned Counsel appearing for the respondent.

2. The notice issued to the respondent indicated that the appeal may be disposed of finally at the stage of admission. Hence, with the consent of the learned Counsel, the appeal was heard finally.

3. Admit. The respondent waives service of notice of final hearing.

4. The above appeal challenges an order passed by the learned Civil Judge, Senior Division, Panaji dated 5/03/2015 whereby an application under Order 7 rule 11(a) and (d) of the Civil Procedure Code for rejection of the plaint filed by the respondents came to be allowed.

5. Briefly the facts of the case are that there were disputes between the appellants and other family members of the appellants which came to be settled and a consent decree was passed dated 20/04/2000 settling the claims of the parties. It appears that the respondent herein had facilitated such consent terms and had given a declaration to the Court that he would honour all the commitments payable to the appellants in terms of such consent decree. The consent decree came to be passed in the y























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