: 1 : wp-9569-10.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9569 OF 2010 Shrivitthal Gopal Londhe ... Petitioner V/s. Baburao Yashwant Mandavkar & Ors. ... Respondents Mr. S.A.Sawantfor the Petitioner Mr. N.N.Gavankar i/b Mr. Arfan Saif for Respondent Nos.1 & 2 CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 10, 2011. P.C.: 1 By this Petition under Article 227 of the Constitution of India, the Petitioner is challenging an order dated 10-7-2008 and 9-8-2010, which have been passed by the Sub Divisional Officer, Ratnagiri and Maharashtra Revenue Tribunal, Mumbai respectively. The matter is arising out of Tenancy Case No.72 of 1984. That tenancy case was decided on 14-5-2006. 2 It is the case of both sides that their claim is as tenants and in the land which is admeasuring 61 Gunthas bearing Survey No.90 Hissa No.8/1 of Village Basani, Taluka Ratnagiri 3 After this matter argued for some time, upon a suggestion from the Court, the parties have agreed to amicably resolve their inter se dispute. They have tendered consent terms. By consent of the parties Respondent : 2 : wp-9569-10.sxw No.3 is deleted as a Respondent to this Writ Petition. By further consent of the parties leave to amend the cause tile of the Writ Petition is granted, by deleting the name of Respondent No.3 and impleading Respondent No. 1(d). 4 The Petitioner is present in Court, equally the Respondents are represented by Jagannath Baburao Mandavkar who is the power of attorney holder for Respondent Nos.1(b) to 1(d). Respondent No.2 Madhukar Shivram Mandavkar is present in Court. Respondent No.1(a) Jagannath Baburao Mandavkar by himself and as power of attorney holder of the other Respondents is present. All of them are identified by the Advocates. 5 In their presence the consent terms duly signed by each of them are taken on record. These consent terms are dated 10-8-2011. The consent terms record the mutual agreement between the parties. It is stated that the said agreement is arrived willingly and without any pressure or force. The parties are fully aware of the consequences which will flow from the Consent terms and the stipulations therein. The consent terms are in English but they are duly explained to them in Marathi by Advocates appearing for both sides. The dispute with regard to the land is amicably settled and the Petitioner has given up the land admeasuring 18 gunthas which will be distributed in equal share between the Respondents. The petitioner will have 37 gunthas out of the total area of 55 gunthas and the : 3 : wp-9569-10.sxw balance 18 gunthas in terms of the consent terms will be shared by Respondent Nos.1(a) to 1(d). The consent terms are tendered today and it is requested in the presence of the parties that an order be passed in furtherance of the consent terms. The undertakings in consent terms of both sides be accepted. 6 Having perused the consent terms, I am satisfied that they are not against any provisions of law nor are they contrary to public policy. The dispute between two private persons claiming to be tenants of an agricultural land is mutually settled and there are no third party rights involved. Therefore, the Consent terms are accepted and marked ‘X’ for identification. They are taken on record. The undertakings of the parties are accepted. There will be an order in furtherance of the consent terms. The Petition is disposed of in terms of the consent terms. 7 A xerox copy of the original power of attorney is taken on record and marked ‘X-1’ for identification. The original may be returned to the Advocate. (S.C.DHARMADHIKARI, J.)