Jethanand Hiranand Tolani Lrs Sushila And Others v. Mangala Pandurang Kurhade And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.431 OF 2016 WITH CA/8977/2016 IN SA/431/2016 JETHANAND HIRANAND TOLANI LRS SUSHILA AND OTHERS

VERSUS

MANGALA PANDURANG KURHADE AND OTHERS ...

Mr. Ajinkya Kale h/f R. H. Mewara, Advocate for the Appellants.

Mr. D. M. Kakade, Advocate for the Respondent No. 1 & 3.

...

CORAM:R.M. JOSHI, J DATE :MARCH 15, 2023 PER COURT :

1.

Learned Counsel for the Appellants and Respondent Nos. 1 and 3 state that the Respondent Nos. 2, 4 to 12 are formal parties to the present Appeal. According to them, the dispute pertains to the Survey No. 3A/2-3/1/1/1A5. It is also submitted that only present Appellants have challenged the judgement and decree in question and no exception is taken to the same by other parties to the proceedings.

2.

The contesting parties have arrived at compromise of terms dated 04.02.2023. The same is taken on record and marked 'X' for identification. The terms are duly signed by them and attested by their Malani

1-.odt respective Counsels. The parties are present before the Court. They confirmed the contents of the compromise terms and seek disposal of the Appeal in terms of compromise.

3.

The compromise is genuine and there is no legal impediment to accept the same. Hence, the Appeal is disposed of in terms of compromise 'X'. No order as to costs.

4.

The pending applications are disposed of, in view of disposal of the Appeal.

(R.M. JOSHI, J.) Malani