Daudkhan Umarkhan And ORS v. Mansoorkhandaudkhan

sa261.94 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 261 OF 1994 WITH CA/584/2013 IN SA/261/1994 UMARKHAN (L.RS.) DAUD KHAN & OTHERS.

VERSUS

FATEMABEE MANSURKHAN.

WITH SECOND APPEAL NO. 346 OF 2004 DAUDKHAN UMARKHAN AND OTHERS VS. MANSORKHAN DAUDKHAR (DIED THROUGH L.RS.) MOHMOOD KHAN MANSOORKHAN ...

Advocate for Appellant : Mr. D.R. Bhadekar.

Advocate for Respondent : Mr. S.S. Bora .....

CORAM : V. K. JADHAV, J.

DATED : 24th FEBRUARY, 2018 PER COURT:- 1.

Heard.

2.

Though there are two separate suits, the parties are same, however, the suit properties are different. The parties are arrived at compromise and accordingly terms of compromise are placed before this Court and the same are verified before the Registrar (Judicial) of this court. In view of above, both the second appeals are disposed of in terms of compromise placed before this Court and verified by the Registrar (Judicial) of this Court. Decree be drawn up in terms of the compromise arrived at between the parties. Both the second appeals

sa261.94 -2are accordingly disposed of.

3.

This Court while admitting the second appeal No. 261 of 1994 directed the appellants therein to deposit an amount of Rs.1120/- to show their bonafide and accordingly the appellants have deposited the said amount. Since the appeal is disposed of in terms of the compromise arrived at between the parties, the said amount shall be refunded to the appellants alongwith accrued interest thereon. 4.

All pending civil applications are also disposed of. ( V. K. JADHAV, J.) vsm/