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Bombay High CourtSA/243/2013compramised

Balaji Shankar Shinde v. Kavita Shankar Shinde And Others

2017-08-02Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 243 OF 2013 Balaji S/o Shankar Shinde ..APPELLANT

VERSUS

Kavita W/o Govind Shinde and others ...RESPONDENTS Mr V.D. Gunale, Advocate for appellant Mr H.V. Tungar, Advocate, holding for Mr C.R. Deshpande, Advocate for respondents No.1 and 2 CORAM : N.W. SAMBRE, J.

DATE : 2nd August , 2017 ORAL ORDER Perused the verification report submitted by Registrar (Judicial) dated August 2, 2017, on the terms of compromise submitted before this Court, in compliance with the Order dated 28th July 2017.

2.

Respondent No.1 Kavita acknowledges receipt of Rs. 2,00,000/- (Rs. Two lacs only) in cash and Demand Draft of Rs. 4,00,000/- (Rs. Four lacs only) is placed on record of the Court. Another Demand Draft of Rs. 6,00,000/- (Rs. Six lacs only) in favour

(2) of respondent No.2 Sonali is also placed on record. She being minor the Demand Draft is drawn jointly in the names of said respondent and the Registrar (Judicial) of This Court.

3.

Respondents No.1 and 2 acknowledged the receipt of the payment, as observed above, and the parties admit the terms of compromise, which were explained to them in vernacular i.e. Marathi, tendered before this Court and verified by Registrar (judicial). 4.

The Demand Draft of Rs. 4,00,000/- (Rs. Four lacs only) drawn in favour of respondent No.1 Kavita, be handed-over to her by Registrar (Judicial).

5.

So far as the Demand Draft in favour of respondent No.2 Sonali, parties agreed before This Court that an amount of Rs. 6,00,000/- (Rs. Six lacs only), tendered through Demand Draft jointly in the names of respondent No.2 and Registrar (Judicial), be invested in fixed deposit in the State Bank of India, Branch High Court building, at Aurangabad, initially for a period of three years, in joint names of respondent No.2 and Registrar (Judicial) of This Court. 6.

After respondent No.2 attains majority, it is open for

(3) respondent No.2 to withdraw the said amount for (a) her higher education, (b) for expenses towards serious ailment, and (c) her marriage.

7.

With above observations, the Second Appeal stands disposed of in terms of compromise.

8.

Decree be drawn accordingly.

(N.W. SAMBRE, J.) pjm