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Bombay High CourtWP/7019/2018disposed offdismissed for default

Sudhakar Rangnath Bhavre v. Rangnath Rama Bhavre

2018-10-31Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7019 OF 2018 SUDHAKAR RANGNATH BHAVRE

VERSUS

RANGNATH RAMA BHAVRE & ORS ...

Advocate for Petitioner : Shri Jadhav K.D.

Advocate for Respondent 1 : Smt. Shinde Suprabha h/f Shri Patil R.V. Advocate for Respondents 2 to 6 : Shri Solanke V.D. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: October 31, 2018 ...

PER COURT :- The plaintiff and defendant No.1 had placed on record compromise terms dated 20.1.2018 along with verification, in RCS No.53 of 2008. Same was granted Exhibit No.92. As defendants 2 to 8 did not expressly state their consent, the trial Court has passed an order dated 14.2.2018, thereby rejecting Exhibit 92 and refused to dispose off the suit as compromised. Defendant 1 is represented by Advocate Shri Patil and defendants 2 to 6 are represented by Shri Solanke V.D. Both these Advocates submit on instructions from all the respondents that they have no objection for accepting Exhibit 92 and the impugned order dated 14.2.2018 be set aside by consent.

Considering the above and by recording the statements of the akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2-WRIT PETITION NO. 7019 OF 2018 learned Advocates, on instructions, this petition is partly allowed. By consent the impugned order is set aside. Exhibit 92 is accepted as the terms of compromise between the plaintiff and defendant 1 and defendants 2 to 6 have no objection. The learned trial Judge shall accordingly, pass appropriate order / decree in terms of Exhibit 92 and dispose off the suit within four weeks from today. ( RAVINDRA V. GHUGE, J. ) ...

akl/d