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Bombay High CourtSA/818/2006compramised

Parasram Shamrao Dalwe Thr Lrs v. Mandodaribai Parasram Dalwe

2019-06-24Hon'Ble Shri Justice V.L. Achliya2 pages

(1) 4 - S.A. 818...2006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 SECOND APPEAL NO. 818 OF 2006 WITH SA/817/2006 WITH SA/485/2010 PARASRAM SHAMRAO DALWE DECEASED THRO LRS

VERSUS

MANDODARIBAI PARASRAM DALWE ......

Mr. M.V.Ghatge, Advocate for Appellant.

Mr. S.K.Adkine, Advocate for Respondent.

......

CORAM : V.L.ACHLIYA, J.

DATE : 24/06/2019 ......

ORAL ORDER :

1.

The appellants and respondent are present along with their respective Advocates to record compromise. 2.

Learned counsel for parties submit that as per direction of the Court, the parties have appeared before the Registrar [Judicial] for identification and verification of terms of compromise. The report of identification of parties and verification submitted by Registrar [Judicial] is marked as 'X' for identification.

3.

The appellants and respondent present in the Court are identified by their respective Advocates. They admit their respective signature/thumb impression endorsed on the terms of compromise and admit that they have endorsed their signature/thumb impression on the terms of compromise filed in Court after the contents of same were read over and explained to them by their respective

(2) 4 - S.A. 818...2006 Advocates and satisfied that the terms of compromise are recorded as per the settlement reached between them. 4.

The appellants and respondent present admit that they have entered into compromise out of their free will and they were not forced to enter into compromise as well as to sign the terms of compromise. The terms of compromise filed along with C.A. No. 7149 of 2019 is marked as 'Y' for identification. The respondent present states that she has received Rs. 37 Lakhs as per the settlement to give up the right claimed in the suit property as well as right of maintenance.

5.

The compromise entered between the parties appears to be genuine and they have voluntarily entered into compromise. In view of compromise between the parties, Second Appeal Nos. 818 of 2006, 817 of 2006 and 485 of 2010 are allowed and disposed of in terms of compromise pursis marked as 'Y' for identification. Decree be drawn accordingly.

6.

The Civil Application, if any, pending then same be marked as disposed of in terms of disposal of appeals. [V.L.ACHLIYA] JUDGE KNP.