Pandit Sarjerao Bhambarde v. Sarjerao Bhaurao Bhambarde And ORS

{1} SA 539.10.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 17 SECOND APPEAL NO. 539 OF 2010 WITH CA/11772/2010 IN SA/539/2010 WITH CA/15976/2016 IN SA/539/2010 WITH CA/15978/2016 IN SA/539/2010 PANDIT SARJERAO BHAMBARDE

VERSUS

SARJERAO BHAURAO BHAMBARDE AND ORS ...

Advocate for Appellants : Mr. Shyamsunder H. Jagiasi Adv. for Respondent Nos. 2A to 2C, 3,4 : Mr.K.A.Jahagirdar h/f. Mr.M.M.Joshi ...

CORAM : V.L. ACHLIYA, J.

DATE : 24th SEPTEMBER, 2018.

PER COURT:

The appellant and respondent nos.3,4 and 2A to 2C are present alongwith their respective Advocates. The learned Advocates representing the appellant and respondents submit that the appellant and said respondents have amicably resolved the dispute relating to suit property. The compromise pursis recording the terms of settlement between the parties tendered by the Advocates representing the parties is taken on record and marked "X for identification.

2.

The parties present are identified by their respective Advocates. Parties have also appeared before the Registrar (Judicial) for verification of the terms of compromise as well as identification. The Registrar (Judicial) has submitted a report after verification and identification of the parties. The same is marked as "Y" for identification. 3.

The parties present admit their respective signatures/thumb impression on the terms of compromise and further admit that the terms of

{2} SA 539.10.odt compromise are recorded truly and correctly as per the settlement arrived at between them. The terms of compromise are also signed by the advocates representing the respective parties. The parties present state that they have voluntarily signed and endorsed their thumb impressions on the compromise pursis and they are not pressurized or forced to settle the matter.

4.

In my view, the compromise arrived at between the parties appears to be genuine and they have entered into compromise out of their free will. The compromise entered into between the parties leads to settle long standing dispute between them. I am, therefore, inclined to pass the following order :- -:O R D E R :- [A] The appeal is allowed and disposed of in terms of the compromise pursis filed as "X" for identification. [b] Decree be drawn up accordingly.

[c] In view of disposal of appeal, all pending civil applications stand disposed of.

[V.L. ACHLIYA] JUDGE.

grt/-