15 wp 2719 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.2719 OF 2021

Defense Colony Co-op. Hsg. Soc. Ltd.

…

Petitioner

Versus

Harishchandra Pandurang Satav and Ors.

...

Respondents

WITH

CONTEMPT PETITION (ST) NO.15492 OF 2021

WITH

WRIT PETITION NO.2069 OF 2021

Harishchandra Pandurang Satav and Ors.

…

Petitioners

versus

Defense Colony Co-op. Hsg. Soc. Ltd. and Ors.

…

Respondents

WITH

CONTEMPT PETITION NO.177 OF 2021

Mr. Arvind K. Chauhan, for Petitioner in WP No.2719 of 2021 and for Respondent

No.1 in WP 2069 of 2021

Mr. Karl Tamboly with Mr. Sanjiv Sawant, Mr. Digvijay Palande, Mr. Abhishek

Deshmukh i/by Mr. Abhishek Deshmukh, for Petitioner in WP 2069 of 2021 and for

Respondent Nos.1 to 3 in WP 2719 of 2021.

Mr. A.I.Patel, Addl. Govt. Pleader with Mr. R.S.Pawar, AGP, for State.

Mr. Narayan Prabhakar Ankushe, Chief Promotor, present.

Mr. Pandurang Prabhakar Ankushe, Chairman of Society present.

Mr. Harishchdra Pandurang Satav, Respondent No.1 present.

Mr. Omkar Pandurang Satav, Respondent No.2 present.

Mrs. Nalini Jaising Gaikwad, Respondent No.3 present.

Mr. Gaurav Harishchandra Satav, son of Respondent No.1 present.

CORAM: S.J. KATHAWALLA &

MILIND N. JADHAV, JJ.

DATE :

22

nd SEPTEMBER, 2021

P.C. :

1.

The learned Advocates for the Petitioner and Respondent Nos.1 to 3 in

SSP 1/3

SWAROOP

SHARAD

PHADKE

Digitally signed

by SWAROOP

SHARAD PHADKE

Date: 2021.09.24

14:45:46 +0530

15 wp 2719 of 2021.doc

Writ Petition No.2719 of 2021 have tendered Consent Terms dated 22^nd September,

2021. They submit that the Consent Terms be taken on record and the above Writ

Petitions as well as Contempt Petition be disposed of in terms of the Consent Terms.

The Consent Terms are taken on record and marked ‘X’ for identification. The

Consent Terms are signed by Mr. Narayan Prabhakar Ankushe, Chief Promoter of the

Petitioners’ Society, Mr. Panduarang Prabhakar Ankushe, Chairman of Petitioners’

Society, Mr. Harishchandra Pandurang Satav – Respondent No.1, Mr. Omkar

Pandurang Satav – Respondent No.2 and Mrs. Nalini Jaising Gaikwad – Respondent

No.3 as well as the Advocates for the Petitioner Society and Respondent Nos.1 to 3.

Mrs. Nalini Jaising Gaikwad – Respondent No.3 states that the contents of the

Consent Terms have been explained to her in Marathi by Respondent No.1 and also by

her Advocate Mr. Digvijay Palande. She states that she has signed the Consent Terms

of her free will and volition and there is no force, fraud or coercion involved. She

further states that she accepts and confirms the terms set out in the Consent Terms.

The Petitioner Society as well as Respondent Nos.1 to 3 in Writ Petition No.2719 of

2021 state that they do not accept the Mojni (Registration No.3398 of 2021) and

measurements dated 25

th February, 2021 and 27

th August, 221 and demarcation dated

13

th August, 2021 and 27

th August, 2021 carried out by the Deputy Superintendent of

Land Records, Taluka Haveli, Pune, pursuant to the order passed by this Court dated

5

th August, 2021 in Writ Petition No.2719 of 2021 and they shall not act on the same.

SSP 2/3

15 wp 2719 of 2021.doc

The statement is accepted.

2.

The above Writ Petitions as well as Contempt Petitions are disposed of

in terms of the Consent Terms, marked

‘X’. The undertakings recorded in the

Consent Terms are accepted.

( MILIND N. JADHAV, J.)

( S.J.KATHAWALLA, J. )

SSP 3/3