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Bombay High CourtAO/3/2022dismissed

Anuradha Sukhdeo Kadam v. Anita Rajendra Jare Alias Anita Sukhdeo Kadam

2023-04-10Hon'Ble Shri Justice R. M. Joshi2 pages

- 1 - ao3.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPEAL FROM ORDER NO. 3 OF 2022 Anuradha Sukhdeo Kadam Appellant

Versus

Anita Rajendra Jare Alias Anita Sukhdeo Kadam Respondent Mr. M. A. Dond, Advocate for the appellant.

Mr. S. S. Wagh, Advocate for the respondent.

CORAM : R. M. JOSHI, J.

DATE :10th APRIL, 2023.

PER COURT :

1.

Learned counsel Mr. Wagh fles appearance on behalf of the respondent.

2.

Learned counsel for both the sides state that the original plaintiff and defendant have entered into settlement and the compromise terms are placed on record. According to them, in view of the said settlement, a decree needs to be passed. 3.

This Appeal from Order is against the order passed by the First Appellate Court remanding the suit to the Trial Court. In this appeal, no decree can be passed. It is however open for the

- 2 - ao3.22.odt parties to approach the Trial Court and seek decree in terms of the compromise.

4.

Learned counsel for both the sides seek leave to place on record true copy of compromise terms. The same is taken on record and marked 'X' for identifcation.

5.

In view of above, appellant seeks dismissal of the Appeal from Order. Appeal from Order stands dismissed for the aforesaid reason.

( R. M. JOSHI) Judge dyb