Smt. Vijaya Gangadhar Madhali v. Shri. Rajshekhar Mallikarjun Shetty

3-sa-4-2021 in ia-2121-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.4 OF 2021 WITH INTERIM APPLICATION NO.2121 OF 2019 Smt.Vijaya Gangadhar Madhali ..Appellant V/s.

Shri.Rajshekhar Mallikarjun Shetty ..Respondent ---- Mr.Ashok B. Tajane for the Appellant.

Nilam Kamble by Nilam Kamble Date: 2021.01.22 15:05:36 +0530 Ms.Chaitrali Deshmukh for the Respondent.

---- CORAM : C.V. BHADANG, J.

DATE : 21st JANUARY 2021 P.C.

1.

Heard the learned counsel for the appellant and the learned counsel appearing for the respondent. 2.

The parties have produced a copy of the consent terms filed in Regular Execution Case No.82 of 2012 before the Civil Judge Junior Division at Solapur. The Executing Court has also recorded the said settlement vide order dated 08th December 2020, which records that the decree passed in RCS No.298 of 2012 is 'fully N.S. Kamble page 1 of 2

3-sa-4-2021 in ia-2121-2019 satisfied'. The learned counsel for the respondent did not dispute this fact.

3.

The copy of the consent terms is taken on record and marked 'X' for identification.

4.

The learned counsel for the appellant in such circumstances, on instructions seeks leave to withdraw the appeal. 5.

The second appeal is dismissed as withdrawn, with no order as to costs.

6.

The appellant shall be entitled for refund of Court Fees as per rules.

7.

Decree be drawn up accordingly.

8.

In view of the disposal of the appeal, all pending Civil Applications are disposed of as infractuous.

C.V. BHADANG, J.

N.S. Kamble page 2 of 2