Laxmi Agni Components vs. Sou Phulabai Pandurang Landge

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3466 OF 2021 M/s Laxmi Agni Components & .... Petitioners Forging Private Ltd. & Ors. Vs. Sou. Phulabai Pandurang Landge …. Respondents & Ors. Mr. Mayur Khandeparkar a/w Mr. Ajay Vazirani, Mr. Pratik Kothari and Mr. Avi Kshirsagar i/by Lexicon Law Partners for Petitioners. Mr. Zakir Shaikh for Respondent Nos. 1 to 4. Coram : NITIN W. SAMBRE, J. Date : 28TH JULY, 2021 P.C.: Heard. Issue notice to the Respondent for final disposal, returnable on 30th August, 2021 . Mr. Shaikh, waives service of notice on behalf of Respondent Nos. 1 to 4. Dusane 2/2 28 WP 3466.2021.doc 3 In addition to service of notice through Court, the Petitioners shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery or by e-mail/fax on the Respondent and shall file affidavit of service with tangible proof before the returnable date**.** Further proceedings shall remain stayed. ( NITIN W. SAMBRE, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT Mr. Pratik Kothari i/by Lexicon Law Partners for Petitioner. Mr. Zakir M. Shaikh for Respondent No. 1 to 4. CORAM : HON'BLE SHRI JUSTICE NITIN W. SAMBRE J DATE : 30th August, 2021 P.C. : At the request of learned counsel for the Petitioner , stand over to 14/09/2021 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 3466 OF 2021 LAXMI AGNI COMPONENTS AND FORGING ….PETITIONERS PRIVATE LTD AND ANR V/s. SOU PHULABAI PANDURANG LANDGE …..RESPONDENTS AND ORS Mr. Jesse Cornelious i/b Lexicon Law Partners for the Petitioners Mr. Zakir M. Shaikh Advocate for Respondent nos. 1 to 4 CORAM : NITIN W. SAMBRE, J. DATE: APRIL 20, 2022. P.C.: Perused the praecipe tendered in this Court under the signature of Partners for Lexicon Law Partners therewith email dated 20/04/2022 singed by the Petitioner. As such, appearance of Lexicon Law Partners for Petitioners stands discharged. Since the Petitioner has not taken any steps to engage new lawyer to pursue the matter, Petition stands dismissed for want of prosecution. [NITIN W. SAMBRE, J.] ISM

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 29th November, 2022 P.C. : S. O. to 13/12/2022 . ( FOR REGISTRAR JUDICIAL - I )

Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT WITH INTERIM APPLICATION NO. 2918 OF 2022 In Writ Petition 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT CORAM : HON'BLE SHRI JUSTICE G.S. PATEL & HON'BLE SHRI JUSTICE S. G. DIGE, JJ DATE : 9th January, 2023 P.C. : Wrongly on board. Remove from the Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 15: WP.3466.2021.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 WITH INTERIM APPLICATION NO. 2918 OF 2022 IN WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd & Anr. PETITIONERS V/S Sou Phulabai Pandurang Landge & Ors. RESPONDENTS Mr. Pratik S. Kothari for Petitioner. CORAM : SARANG V. KOTWAL, J DATE : 31st MARCH, 2023 P.C.: This matter is circulated at the instance of the Respondent Nos. 1 to 4. However, nobody appeared for the Respondent Nos. 1 to 4 today. Hence, stand over to 18/07/2023. Ad-interim relief, if any, granted earlier to continue till then. (SARANG V. KOTWAL, J.)

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components and Forging Private Ltd. And anr. ...Petitioners : V/s : Sou. Phulabai Pandurag Landge and Ors. …Respondents ALONGWITH WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge and Ors. ...Petitioners : V/s : Smt. Aruna Bhausaheb Botare & Ors. …Respondents ---- Mr. Anand Pai i/by. Mr. Pratik Kothari, Advocate for the Petitioner in WP-3466-2021 and for the Respondent in Writ Petition No. 3051/2022. CORAM : SANDEEP V. MARNE, J. Dated : 8 August 2023. P.C. : Mr. Pai, the learned Counsel appearing for Petitioners in Writ Petition No. 3466/2021 would invite my attention to order dated October 10, 2019 passed by the Trial Court rejecting application for amendment of the plaint at Exhibit-69. I have also gone through the application at Exhibit-69 which clearly made a reference to the transactions effected by Shri. Rajesh Krushnakumar Goel in favour of Laxmi Agni Components and Forging Pvt. Ltd and Mr. Abhayraj Kapoor (Petitioners). By way of application at Exhibit-69, the Plaintiffs sought to incorporate a prayer challenging not only the Development Agreement and Power of Attorney dated October 9, 2006 executed in favour of Shri. Rajesh Krushnakumar Goel but also 'further documents' executed by Shri. Rajesh Krushnakumar Goel in favour of Petitioners. Prima-facie, therefore it appears that the Plaintiffs had sought to incorporate a prayer to challenge all the transactions executed by Shri. Rajesh Krushnakumar Goel in favour of Petitioners in Writ Petition No. 3466/2021 by way of application for amendment filed at Exhibit-69. The application at Exhibit-69 was rejected by the Trial Court by its order dated October 10, 2019. Later, the Plaintiffs filed another application for amendment at Exhibit-81, this time seeking to challenge sale-deeds dated December 8, 2006 and December 7, 2009 which are executed by Shri. Rajesh Krushnakumar Goel in favour of Laxmi Agni Components and Forging Pvt. Ltd and Mr. Abhayraj Kapoor. The only distinction that I see in application at Exhibit-69 and the application at Exhibit-81 is that while the application at Exhibit-69 did not specify the exact dates and nature of transactions executed by Shri. Rajesh Krushnakumar Goel, the application at Exhibit-81 described the nature of transactions and dates of execution thereof. Thus, the purpose behind seeking amendments under applications at Exhibit-69 and Exhibit-81, prima-facie appears to be the same. The Trial Court has proceeded to allow the application at Exhibit-81 by order dated June 16, 2021 which is subject matter of challenge in Writ Petition No. 3466/2021. The Plaintiffs have filed Writ Petition No. 3051/2022 challenging order dated October 10, 2019 rejecting application for amendment at Exhibit-69. Though the order was passed on October 10, 2019, Writ Petition No. 3051/2022 appears to have been filed in September, 2021. Mr. Pai, would submit that the only reason behind filing of Writ Petition No. 3051/2022 at such a belated stage is the realisation on the part of the Plaintiffs that the rejection of application at Exhibit-69 would come in the way of the Plaintiffs in defending Writ Petition No. 3466/2021. He further submits that challenging order rejecting application under Exhibit-69 after filing of Writ Petition No. 3466/2021 would clearly establish that both applications under Exhibits-69 and 81 were filed for introducing same amendments qua Petitioners in Writ Petition No. 3466/2021. Today, none appears on behalf of the Original Plaintiffs in either of the petitions. However since the board was notified at 12 noon today, it would be inappropriate to proceed further with hearing of the petitions. Stand over to August 23, 2023. SANDEEP V. MARNE, J. NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2023.08.09 10:17:24 +0530 8-WP-3466-2021 &10-WP-3051-2022.odt 8 August 2023. Neeta Sawant

Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT WITH WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge And Ors PETITIONER V/S Smt. Aruna Bhausaheb Botare And Ors RESPONDENT Mr. Zakir M. Shaikh for Respondent in WP/3466/2021 and For Petitioner in WP/3051/2022. CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 7th September, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 26/09/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT WITH WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge And Ors PETITIONER V/S Smt. Aruna Bhausaheb Botare And Ors RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 26th September, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 12/10/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT WITH WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge And Ors PETITIONER V/S Smt. Aruna Bhausaheb Botare And Ors RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 12th October, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 06/12/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT WITH WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge And Ors PETITIONER V/S Smt. Aruna Bhausaheb Botare And Ors RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 6th December, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 20/02/2024 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 27: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge And Ors ....PETITIONER V/S Smt. Aruna Bhausaheb Botare And Ors ....RESPONDENT WITH WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT Mr. Zakir M Shaikh for Petitioner in WP/3051/22 & Respondent No.1 to 4 in WP/3466/21 CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 22nd July, 2024 P.C. : S. O. to 13/08/2024 ( at 2.30 pm). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge And Ors ....PETITIONER V/S Smt. Aruna Bhausaheb Botare And Ors ....RESPONDENT WITH WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components And Forging Private Ltd And Anr ....PETITIONER V/S Sou Phulabai Pandurang Landge And Ors ....RESPONDENT Mr. Mayur Khandeparkar a/w Mr. Pratik Kothari for Petitioner in WP/3466/21 & Respondent NO. 9 & 10 in WP/3051/22 Mr. Zakhir M. Shaikh for Petitioner in WP/3051/22 & Respondent in WP/3466/21 CORAM : HON'BLE SHRI JUSTICE MILIND N. JADHAV J DATE : 13th August, 2024 P.C. : S. O. to 14/08/2024 ( F. O. B.). ( FOR REGISTRAR JUDICIAL - I )

Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3051 OF 2022 Sou. Phulabai Pandurang Landge and Ors. .. Petitioners Versus Smt. Aruna Bhausaheb Botare and Ors. .. Respondents WITH WRIT PETITION NO. 3466 OF 2021 Laxmi Agni Components and Forging Private Ltd. and Anr. .. Petitioners Versus Sou. Phulabai Pandurang Landge and Ors. .. Respondents .................… Mr. Zakir M. Shaikh, Advocate for Petitioners in WP No.3051 of 2022 and Respondent Nos.1 to 4 in WP No.3466 of 2021. Mr. Mayur Khandeparkar a/w. Mr. Pratik Kothari, Advocates for Petitioners in WP No.3466 of 2021 and Respondent Nos.9 and 10 in WP No.3051 of 2022. ................... CORAM : MILIND N. JADHAV, J. DATE : AUGUST 14, 2024. P.C.: 1. Heard Mr. Shaikh, learned Advocate for Petitioners in Writ 23.wp.3051.22+.doc Petition No.3051 of 2022 and Respondent Nos.1 to 4 in Writ Petition No.3466 of 2021 and Mr. Khandeparkar, learned Advocate for Petitioners in Writ Petition No.3466 of 2021 and Respondent Nos.9 and 10 in Writ Petition No.3051 of 2022. 2. Today, learned Advocates have filed Minutes of Consent Order dated 14.08.2024 which are taken on record and marked "X" for identification. Parties have reconciled their disputes and differences and filed Minutes of Consent Order. The said Minutes are signed by the Advocates for Petitioners and Respondents whose signatures are appended at page No.4 of the Minutes of Consent Order on instructions received by them. 3. Minutes of Consent Order are running into 4 pages. For the sake of reference and convenience, the same are scanned and reproduced below for benefit of the parties:- Servin S " X" mandon 18 with IN THE HIGH COURT OF JUDICAT CIVIL APPELLATE JURISDIC WRIT PETITION, 3466 OF TURE AT BOMBAY CTION 2021 LAXMI AGNI COMPONENTS AND FORGING PRIVATE LTD. & A VS SOU. PHULABAI PANDURANG LANGDE & Ors ) Anr ) Petitioners ) ) Respondents AND IN THE HIGH COURT OF JUDICAT CIVIL APPELLATE JURISDIC WRIT PETITION. 3051 OF 2 TURE AT BOMBAY CTION 2022 SOU. PHULABAI PANDURANG LANGDE & Ors VS ) ) Petitioners ARUNA BHAUSAHEB & ORS. ) Respondents MINUTES OF CONSENT ORDER The Petitioner in Writ Petition No. 3466 of 2021 who is also the Respondent No. 9 to 10 in Writ Petition No. 3051 of 2022 and Original Defendant Nos. 9 and 10 in Regular Civil Suit No. 1931 of 2015 ( "said Suit" ) AND the Respondent No. 1 to 4 in Writ Petition No. 3466 of 2021 who are also the Petitioner in Writ Petition No. 3051 of 2022 and Original Plaintiff in Regular Civil Suit No. 1931 of 2015 hereby agree that both writ petitions and disputes concerning between them in Civil Suit No. 1931 of 2015 filed in the Hon'ble Civil Judge, Junior Division, Pune can be worked out on the following terms:- 2 2 The Original Plaintiff and Petitioners in Writ Petition No. 3051 of 2022 and Respondent Nos. 1 to 4 in Writ Petition No. 3466 of 2021, agree that they shall now proceed and seek reliefs against the Original Defendant Nos. 1 to 7 in Regular Civil Suit No. Civil Suit No. 1931 of 2015 filed in the Hon'ble Civil Judge, Junior Division, Pune. Having regards to the aforesaid the Original Plaintiffs withdraw the said "Exhibit 69" and "Exhibit 81" filed in the said Suit and as such, the impugned Orders dated 10 th October, 2019 (subject matter of challenge in WP No. 3051 of 2022) and Order dated 16 th June, 2021 (subject matter of challenge in WP No. 3466 of 2021) are set aside by consent. It is agreed that as no substantive reliefs are being sought by the Original Plaintiffs against the original Defendant Nos. 9 and 10 and the Defendant Nos. 9 and 10 shall only be continued as formal parties to the suit for the purpose of execution of decree, if any that may be passed in the said Suit. It is clarified that the claim of the Original Plaintiffs against the Defendant Nos. 1 to 7 will remain so far as it relates to the other suit properties except those purchased by original Defendant Nos. 9 and 10 vide; 3 a. Agreement / Sale Deed dated 8 th December, 2006 bearing registration serial no. 8147/2006; b. Agreement / Sale Deed dated 8 th December, 2006 bearing registration serial no. 8148/2006; c. Agreement / Sale Deed dated Ph February, 2009 bearing registration serial no. 6333/2009. The original Plaintiff shall be at liberty to claim allocation and adjustment in respect of their shares against Original Defendant Nos. 1 to 7 only and not against Defendant Nos. 9 and 10. It is further clarified that the Original Plaintiff shall not be entitled to claim in the said suit or even otherwise the properties that are purchased by Defendant No. 9 to 10 vide the aforesaid three sale deeds / documents and the area of the properties described in the said 3 Sale Deeds / documents shall be reduced from the share of Original Defendant Nos. 1 to 7 from the properties that are subject matter of the suit i.e properties described at 1(a) to 1 (d) without in any manner affecting the rights of Defendant Nos. 9 to 10. In terms of the above, the original Plaintiff has expressly and unconditionally given up their challenge to the aforesaid three agreements and sale deed executed in favour of Defendant Nos. 9 & 10. 4. Rights and obligations as stated in the above Minutes of Consent Order dated 14.08.2024 are taken as undertaking given to this Court. Parties shall abide by the same. 5. Order in terms of Minutes of Consent Order dated 14.08.2024. 6. In view of the above, both Writ Petitions are disposed. [ MILIND N. JADHAV, J. ] Ajay