Muktabai Genda Patil, Died Thr. L.Rs. Vyankat Genda Patil, Died Thr. L.Rs. Avantabai And ORS v. Fakira Pahala Tadvi, Died Thr. L.Rs. Hasnoorbi Gambhir Tadvi And ORS

*1* 905.sa.350.352.12.con

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 350 OF 2012 WITH CA/6514/2012 IN SA/350/2012 WITH SECOND APPEAL NO.352 OF 2012 MUKTABAI GENDA PATIL, DIED THR. L.RS. VYANKAT GENDA PATIL, DIED THR. L.RS. AVANTA

VERSUS

FAKIRA PAHALA TADVI, DIED THR. L.RS. HASNOORBI GAMBHIR TADVI AND ORS.

...

Advocate for Appellant : Shri R.L.Kute and Shri Dhorde Vikram R. Advocate for Respondents 1 to 6 : Smt. Seema T. Pawar h/f Shri A G Talhar.

...

CORAM: SUNIL P. DESHMUKH, J.

DATE :- 05th May, 2017 Per Court:

The learned counsel for the parties refer to the fact that the Appellant No.1-A is no more and further point out that her legal heirs are already on record as Appellant Nos.1B to 1F and therefore, their names be considered in that capacity as well.

In view of the aforesaid request, the Appellant Nos.1B to 1F shall be deemed to be the parties in the capacity of the deceased Appellant No.1A as well.

The parties further accept the position that the Appellant

*2* 905.sa.350.352.12.con No.1F Kalpana is also known as Urmila after marriage. Learned advocates on either side state that the parties have arrived at amicable settlement and have reduced the terms of settlement into writing referring to the same as "compromise terms". Learned advocates further state that the terms of compromise are lawful and are neither forbidden by any law nor are opposed to public policy. It has further been submitted that the terms are not oppressive to any of the parties. The terms have been understood and appreciated by the parties. The terms and its implications have been explained to the parties and thereafter they have accepted the same.

Learned advocates state that the terms of compromise are duly verified before the Registrar and parties had executed registered GPA in favour of signatory who, in person, had appeared before the Registrar and have been identified by respective learned advocates. In view of aforesaid, Second Appeals stand disposed of pursuant to compromise terms as have been submitted. Decree in Second Appeals be drawn accordingly.

Pending civil application also stands disposed of accordingly. kps (SUNIL P. DESHMUKH, J.)