Gangadhar Maruti Bhagwat v. Ramesh Nivrutti Rokade And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.524 OF 2005 Gangadhar s/o. Maruti Bhagwat ..APPELLANT

VERSUS

1.Ramesh s/o. Nivrutti Rokade 2.Ravindra @ Bhau s/o. Nivrutti Rokade 3.Sudhakar s/o. Nivrutti Rokade 4.Anil s/o. Nivrutti Rokade 5.Nivrutti s/o. Bayaji Rokade. ..RESPONDENTS ...

Mr.G.V.Wani, Advocate for the appellant Ms.Rakha M.Mohale, Advocate holding for Mr.S.S.Chaudhari, Advocate for respondent nos.1 to 5.

...

CORAM : V.L.ACHLIYA,J.

DATE : 05.08.2019 PER COURT:

1] Appellant and respondent nos. 1 to 4 are present with their respective advocates and tendered the consent terms / terms of compromise. The same are taken on record and marked as 'X' for identification.

2] Learned counsel for the parties submit that respondent no.5 is no more alive. Parties present, admit their respective signatures / thumb impressions over the terms of compromise. The terms of compromise are also signed by the advocates representing the parties.

3] Parties present submit that they have amicably settled the matter and signed the terms of compromise and further submit that the contents of the terms of compromise are recorded truly and correctly as per the settlement reached between them.

4] The compromise entered between the parties appears to be voluntary. In that view, the parties are permitted to enter into compromise. Accordingly, following order is passed :

ORDER

i] Second Appeal is disposed of in terms of consent terms filed as 'X'

for identification.

ii] Decree be drawn up accordingly.

iii] Civil Application Nos. 3631/2005, 10256/2012 and 9280/2019 stand disposed of in terms of disposal of Appeal.

[V.L.ACHLIYA] JUDGE DDC