Ramnath Bhagwanrao Mohite And ORS v. Ganpat Bapu Sajgane Dead Lrs. Thkubai And ORS

SGPunde

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 150 OF 2006 WITH CIVIL APPLICATION NO. 14467 OF 2022 IN SECOND APPEAL NO. 150 OF 2006 AND CIVIL APPLICATION NO. 10856 OF 2022 AND CIVIL APPLICATION NO. 1714 OF 2006 Ramnath Bhagwanrao Mohite & Ors.

... Appellants

Versus

Ganpat Bapu Sajgane (died) LRs - Thkubai Ganpat Sajgane (died) through LRs - Maruti Ganpat Sajgane & Ors. ... Respondents ...

Mr. D. A. Mane h/f Mr. Milind Patil - Advocate for applicants Mr. M. U. Shelke - Advocate for respondents ....

CORAM : GAURI GODSE, J.

DATE : 02nd FEBRUARY, 2023 PER COURT :

1.

Learned counsel appearing for both the parties submit that the parties have settled the dispute amicably, however, there are certain civil applications pending, which can be 1/3

allowed by consent. Hence, the following order. CIVIL APPLICATION NO. 14466 OF 2022 :

2.

Prayer clause `b' of the application is already allowed by order dated 15th December, 2022.

3.

For the reasons stated in the application, Civil Application is allowed in terms of prayer clause '

A'

, which reads as under :

'

A'

- This application may kindly be allowed and name of respondent No.5A may kindly be substituted by showing him represented through his assignees Respondents 5A and 5B as shown in the title clause" 4.

Civil Application is disposed off.

5.

Amendment to be carried out within a period of one week from today.

CIVIL APPLICATION NO. 10856 OF 2022 :

6.

For the reasons stated in the application, it is allowed in terms of prayer clause '

A' and 'B'

, which read thus :

'

A'

This application may kindly be allowed and the names of the appellants 2 & 3 may kindly be deleted by taking note of the fact that, all their rights and interest in 2/3

the suit property are assigned to the appellant No. 1, Ramnath Mohite.

'B' This application may kindly be allowed and Taramati d/o Ramsakha Jogdand @ Taramati w/o Ramnath Mohite, age - 42 years, r/o Jirewadi, Tq. & district - Beed, be added as an appellant in Second Appeal No. 150 of 2006 in view of her acquisition of title over 15R land from the suit land, assigned to her by legal representatives of respondents 1 & 2.

CIVIL APPLICATION NO. 1714 OF 2006 :

7.

Learned counsel appearing for the applicant states that, in view of amicable settlement between the parties, this civil application does not survive and same be disposed off. 8.

In view of the statement made by learned counsel for the applicant, Civil Application stands disposed of. 9.

List Second Appeal on 09th February, 2023, for filing consent terms.

[ GAURI GODSE ] JUDGE 3/3