Shri. Krishnaji Bhaguji Gaikwad (Deceased Thr. Lrs Appellant No. 2,5 And 8) And ORS. v. Smt. Parvati Kisan Kalhapure

vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by VASANT ANANDRAO IDHOL Date: 2023.12.07 15:36:36 +0530 VASANT ANANDRAO IDHOL SECOND APPEAL NO.581 OF 2015 WITH CIVIL APPLICATION (STAMP) No.23364 of 2019 .Krishnaji S. Gaikwad, since deceased through His L.Rs. - Appellant Nos.2, 5 & 8 ..Appellants V/s.

Parvati J. Kalhapure

...Respondent

Mr.Sugandh B. Deshumukh with Mr.Vaibhav B. Tharve i/b Mr.Rajaram Deshmukh for the Appellants.

Mr.Vikas B. Shivarkar for the Respondent.

Mrs.Parvati K. Kalhapure - Respondent present in Court. CORAM : RAJESH S. PATIL, J.

DATE : 5 TH DECEMBER , 2023.

P.C. :- 1.

The papers are allowed to be produced at 2:30 p.m. in view of urgency.

2.

Advocate for the Appellants (Original Defendants) tenders Memorandum of Understanding dated 13 October 2023 before this Court. Advocate for the Appellants submits that Appellant No.1 is present in Court, who is also power of attorney holder of Appellant Nos.2, 3 and 7. He further submits that Appellant No.4 is also present in Court and Appellant No.6 is present, who is also holding the power 1/9

of attorney of Appellant No.5.

3.

He submits that by the Memorandum of Understanding dated 13 October 2023, the parties have settled the disputes and differences between them. He further submits that the Memorandum of Understanding has been signed by all the Appellants and he identifies the signatures of the Appellants on the Memorandum of Understanding. He also identifies his clients, Appellant Nos.1, 4 and 6, who are present in Court. The Memorandum of Understanding is taken on record and marked "X" for identification. 4.

Advocate for the Respondent (Original Plaintiff) submits that his client, the sole Respondent (Original Plaintiff) is present in Court. He further submits that the entire Memorandum of Understanding has been explained by him to his client. He submits that the Memorandum of Understanding has been signed by the Respondent. He also identifies the presence of the Respondent in this Court. The Memorandum of Understanding entered into between the parties, for ease of reference has been reproduced herein below. 2/9

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5.

As per the Memorandum of Understanding, the Respondent would be entitled for 40 Ares of the land from the suit property instead of her 1/5 share as per the decree of the Civil Judge (Junior Division) and as confirmed by the District Court, Pune. Out of 40 Ares, she will be entitled for 30 Ares of land in Survey No.58, Hissa No.1 and Further 10 Ares of land in Survey No.169, Hissa No.1. The Appellants undertake to peacefully hand over possession of the said 40 Ares of the land to the Respondent on or before 18 December 2023.

6.

The undertakings contained in the Memorandum of Understanding are accepted as undertaking given to his Court. 7.

In view of the Memorandum of Understanding entered into by the parties, the Second Appeal is disposed of in terms of the Memorandum of Understanding. Pending Civil Applications, if any, are also disposed of.

8.

All parties to act on the authenticated copy of this order. (RAJESH S. PATIL, J.) 9/9