Shaikh Salim Tarmohammad v. Prabhakar Raghunath Panpatil And ORS

901-SA-1039-2005 (2)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 SECOND APPEAL NO.1039 OF 2005 SHAIKH SALIM TARMOHAMMAD

VERSUS

PRABHAKAR RAGHUNATH PANPATIL & ORS ...

Advocate for Appellant : Mr. V S Bedre Advocate for Respondent No.1 : Mr. R.S. Deshmukh ...

CORAM : V.L. ACHLIYA, J.

DATED : 29th NOVEMBER, 2019 PER COURT:- .

The appellant and respondent no.1 present with their respective advocates.

They admit their respective signature/thumb impression over the terms of compromise filed on record and marked as 'X' for identification. The terms of compromise also signed by the advocates representing the appellant and respondent no.1. Parties present submit that they have voluntarily settled the dispute. In terms of settlement, the appellant has paid Rs.2,25,000/- to respondent and accepting said amount, the respondent no.1 has given up his claim over the suit property as per terms recorded in compromise pursis. 2.

The parties are identified by their advocates. The parties also appeared before Registrar (Judicial) for verification and identification. After verification of terms of compromise from

901-SA-1039-2005 (2) parties and satisfaction of their identity, the Registrar (Judicial) has submitted report.

3.

The settlement reached between the parties appears to be voluntary. The daughter of respondent no.1 also present with respondent no.1. In that view, parties deserve to be permitted to compromise the matter. In view of the compromise between the parties, following order is passed:

ORDER

[i] The appeal is allowed and disposed of in terms of compromise pursis filed and marked as 'X' for identification. [ii] Compromise decree be registered as per the provisions of the Registration Act, 1908.

[iii] The appeal stands dismissed as against respondent no.2. [iv] Decree be drawn accordingly.

( V.L. ACHLIYA ) JUDGE SPR