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Bombay High CourtSA/1616/2005compramised

Sudam Anna Suralkar (Died) Lrs Shivaji Sudam Suralkar And ORS v. Raoji Rama Dumare

2017-05-03Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} sa1616-05 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.1616 OF 2005 Sudam Aanna Suralkar Through LRs & Others APPELLANTS

VERSUS

Raoji Rama Dumare RESPONDENT .......

Mr. S. S. Kulkarni h/f Mr. S. D. Kulkarni, Advocate for appellants Mr. V. H. Dighe, Advocate for respondent .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 3 rd MAY, 2017 ORDER :

1.

Learned advocates for the parties tender across terms of compromise arrived at between the parties and photo copy of the same has also been tendered along with civil application stamp No.16341 of 2017.

2.

Learned advocates for the parties state that the terms of compromise have been reduced into writing. Learned advocates state that the terms of compromise have been verified before notary in presence of learned advocates for the parties. 3.

Learned advocate for the applicant further refers to that having regard to that number of persons involved in the matter and it would have been practically difficult and cumbersome to

{2} sa1616-05 bring all of them before this court, in the circumstances, they have executed power of attorney to represent them in the court. 4.

Learned advocates further submit that accordingly power of attorney holders are before this court they identify the power of attorney holders.

5.

Learned advocates state that the parties are being represented through power of attorney holders of legal heirs of plaintiff as well as power of attorney holder of defendant, who are present in the court. It is further being stated that the terms of compromise were understood and accepted by the parties and have accordingly executed the same. The terms are neither unlawful nor against public policy. The parties have solemnly accepted the same.

6.

In view of aforesaid, the second appeal stands disposed of in terms of compromise. Decree be drawn in accordance with terms of compromise.

7.

All pending civil applications stand disposed of. [SUNIL P. DESHMUKH, J.] drp/sa1616-05