Edwin Antonio de Monte Furtado and Others vs Jawaharlal Antonio de Monte Furtado and Others

F.M. Reis, J.—Heard Shri Rohit Bras De Sa, learned Counsel appearing for the Petitioners, Shri G. Agni, learned Counsel appearing for the Respondent Nos. 1, 2 and 5 and Shri Karapurkar, learned Counsel appearing for the Respondent Nos. 3 and 4. Admit. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waive service.

The above revision challenges an Order passed by the learned Civil Judge, Senior Division at Panaji, dated 26.08.2013, whereby the consent terms filed by the parties to dispose of the Suit, came to be dismissed.

On perusal of the impugned Order, 1 find that the learned Judge has essentially rejected the consent terms on the ground that there were some deficiencies therein and some annexures referred to were not appended to the consent terms. Taking note of the nature: of the defects pointed out by the learned Judge in the impugned Order, the learned Counsel appearing for the respective parties point out that such defects are curable and they would clear all such defects before the learned Trial Court. In such circumstances, I find that the above Civil Revision Application filed by the Petitioners can be disposed of by permitting the respective parties to cure the defects pointed out by the learned Judge in the impugned Order and the learned Judge will thereafter hear the parties and pass appropriate Orders with regard to the consent terms in accordance with law.

In view of the above, the impugned Order dated 26.08.2013 by consent is quashed and set aside. The learned Judge is directed to proceed to consider the consent terms in the lights of the observations made herein above in accordance with law as expeditiously as possible preferably within one month from the date defects are cured. Civil Revision Application stands disposed of accordingly.