Authority: High Court of Judicature at Bombay

Order Date: 01 October 2026

Case Overview

  • Petitioners: Our Lady of Sea Church, Uttan (a trust registered under the Bombay Public Trust Act, 1950, No.D/18, Thane) represented by its sole trustee.
  • Respondents: Legal heirs of the deceased Viola Mary Gonsalves, namely Clovis Vincent Gonsalves, Wilbur Joseph Gonsalves, Michelia Sampay, Karen D'Mello, Myran Gonsalves (and the deceased Wenceaslaus Vincent Gonsalves represented collectively).
  • The dispute originated from orders under the Bombay Tenancy and Agricultural Lands Act, 1948, which had declared the respondents as tenants of the subject land.
  • Both parties executed a common Consent Terms dated 01‑10‑2026, signed by the trustee and respondents (or their authorized representatives), including a notarised power of attorney for Wilbur Joseph Gonsalves in favour of Clovis Vincent Gonsalves.
  • The Consent Terms stipulated that the respondents would pay Rs 1 crore to the petitioner‑trust, after which the trust would abandon its challenge to the tenancy orders and request withdrawal of the writ petitions.

Final Outcome

  • The Court accepted the joint request and disposed of Writ Petition Nos. 1868/1998 and 1869/1998 as withdrawn pursuant to the Consent Terms.
  • No order as to costs was made.
  • Any pending interim or civil applications, if any, stand disposed of.
  • The order is to be acted upon based on the duly authenticated or digitally signed QR‑verifiable copy.

Topics: Land Tenancy, Legal Settlement