Smt. Indubai Tukaram Choudhari v. Smt. Shantabai Tukaram Choudhari And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.72 OF 2014 WITH CIVIL APPLICATION (CAS) NO.174 OF 2014 IN SECOND APPEAL NO.72 OF 2014 Indubai Tukaram Choudhari (Since deceased) Through her LRs 1A. Ramdas Tukaram Choudhari 1B. Ananda Tukaram Choudhari 1C. Nitin Bhivaji Bhadle 1D. Sau. Kavita Pandurang Hagvane 1E. Sau. Jayashree Balasaheb Gole 1F. Sau. Sulochana Baban Hargude ...Appellants V/s.

1. Shantabai Tukaram Choudhari

2. Pradeep Tukaram Choudhari

9. Sau. Sukanya Pardeep Choudhari

...Respondents

Mr. S. V. Sadavarte, Advocate for Appellants/Applicants. Mr. Ravi G. Shinde, Advocate for Respondent Nos.1, 2 and 9.

CORAM

: A. S. GADKARI, J.

DATE : 29th JULY, 2021.

(Through Video Conferencing) P.C. :

1.

By an Order dated 22nd March 2017 passed in Civil Application No.2074 of 2015, the Respondent Nos.3 to 8, who are legal heirs of deceased Indubai Tukaram Choudhari, i.e. Original Appellant, has been transposed as Appellant Nos.1A to 1F.

Pg 1 of 3

By consent of learned counsel for the Appellant Nos.1A to 1F and Respondent Nos.1, 2 and 9, the name of Respondent No.10Dhanalaxmi Properties is deleted from the array of Respondents. 2.

Mr. Sadavarte, learned counsel appearing for the Appellants submitted that, the Appellant Nos.1A to 1F and Respondent Nos.1, 2 and 9 are the only contesting parties in the present Appeal. Mr. Ravi Shinde, learned counsel appearing for the Respondent Nos.1, 2 and 9 conceded to the said fact.

3.

Mr. Sadavarte, learned counsel appearing for the Appellants further submitted that, the Appellant Nos.1A to 1F, who are legal heirs of Original Appellant have compromised the issue involved in the present Appeal with the Respondent Nos.1, 2 and 9 and a Deed of Compromise (Tadjodpatra) dated 15th July 2021, has been executed in that behalf. The said Deed of Compromise is notarized before Mrs. Anita Suhas Lad, Notary, Government of India, Pune.

Mr. Ravi Shinde, learned counsel appearing for the Respondent Nos.1, 2 and 9, on instructions, submitted that, his clients have signed the said Deed of Compromise and the signatures therein alongwith thumb impressions are of his clients.

4.

In view of the fact that, the parties herein have settled/compromised the matter by executing Deed of Compromise dated 15th July 2021, nothing survives in the present Second Appeal and is Pg 2 of 3

accordingly disposed off.

5.

In view of disposal of Second Appeal itself, Civil Application No.174 of 2014, does not survive and is accordingly disposed off. 6.

Decree in terms of Deed of Compromise dated 15th July 2021 be drawn accordingly.

(A. S. GADKARI, J.) Pg 3 of 3