Santram Vithoba Hajare And Others v. Sanjiwani Vikram Shinde And Another

1 930-SA-214-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 SECOND APPEAL NO.214 OF 2019 WITH CA/4469/2019 IN SA/214/2019 SANTRAM VITHOBA HAJARE AND OTHERS

VERSUS

SANJIWANI VIKRAM SHINDE AND ANOTHER ...

Advocate for Appellants : Mr B.R. Kedar h/f Mr V.B. Sargar Advocate for Respondent Nos. 1 and 2 : Mr R.R. Sancheti CORAM : SHRIKANT D. KULKARNI, J.

DATE : 23rd DECEMBER, 2021 PER COURT :

1.

Mr B.R. Kedar holding for Mr V.B. Sargar, learned counsel for the appellants and Mr R.R. Sancheti, learned counsel for respondent Nos. 1 and 2 are present.

2.

This Court vide order dated 21st December, 2021 was pleased to refer the terms of compromise to the Registrar (Judicial) of this Court for verification and report.

3.

Accordingly, the learned Registrar (Judicial) of this Court has submitted the report today and marked as 'Y' for identification. 4.

Mr B.R. Kedar, learned counsel for the appellants and Mr R.R. Sancheti, learned counsel for the respondents submitted that the appeal has been amicably settled between the parties in view of the terms of compromise which are verified by the learned Registrar (Judicial) of this Court.

2 930-SA-214-2019 5.

The Second Appeal needs to be disposed of in view of terms of compromise.

6.

On perusal of report of learned Registrar (Judicial) of this Court, it is noticed that the Registrar (Judicial) has verified the terms of compromise as well as the parties through their respective counsels. Compromise arrived between the parties appears to be voluntary and without any force or fraud. As such, compromise needs to be accepted. 7.

The report submitted by the Registrar (Registrar) of this Court along with the terms of compromise are accepted. 8.

In the result, following order is passed :-

ORDER

(i) The Second Appeal stands disposed of in terms of compromise marked as 'X' for identification.

(ii) The decree be drawn up in terms of compromise and marked as 'X' for identification.

(iii) No order as to costs.

(iv) Record and proceedings be sent to the concerned Court. (v) The Second Appeal stands disposed of in terms of compromise.

(vi) In view of disposal of Second Appeal, Civil Application also stands disposed of.

[ SHRIKANT D. KULKARNI, J. ] mta