Yusuf Babusha Shaikh Died Lrs Altaf And ORS v. Dattatraya Lahanu Auti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.225 OF 2017 Yusuf Babusha Shaikh Deceased through his L.R.s 1(a) Altaf Yusuf Shaikh Age : 40 yrs. Occu. Agri. Motor rewinding 1(b)Jaibun Yusuf Shaikh Age : 65 yrs. Occu. Household 1(c) Ruksana Shabbir Sayyad Age : 50 yrs. Occu. Household.

All R/o. Parner, Tq. Parner Dist. Ahmednagar.

.. APPELLANTS (Org. Defendants)

VERSUS

Dattatraya Lahanu Auti Age : 60 yrs. Occu. Agri.

R/o. Parner, Tq. Parner Dist. Ahmednagar.

.. RESPONDENT (Orig. Plaintiff) ...

Mr.Shaikh M.A.Jahagirdar, Advocate for the appellants Mr.Amol K. Gawali for respondent ...

WITH SECOND APPEAL NO.226 OF 2017 Yusuf Babusha Shaikh Deceased through his L.R.s 1(a) Altaf Yusuf Shaikh Age : 40 yrs. Occu. Agri. Motor rewinding

1(b)Jaibun Yusuf Shaikh Age : 65 yrs. Occu. Household 1(c) Ruksana Shabbir Sayyad Age : 50 yrs. Occu. Household.

All R/o. Parner, Tq. Parner Dist. Ahmednagar.

.. APPELLANTS (Org. Defendants)

VERSUS

Dattatraya Lahanu Auti Age : 60 yrs. Occu. Agri.

R/o. Parner, Tq. Parner Dist. Ahmednagar.

.. RESPONDENT (Orig. Plaintiff) ...

Mr.Shaikh M.A.Jahagirdar, Advocate for the appellants Mr.Amol K. Gawali for respondent Mr.Shaikh Ashpak Taher Patel, Advocate for the applicant in Civil Application No.7189 of 2023.

...

CORAM :ARUN R. PEDNEKER, J.

DATE :21.06.2023 P.C. :

1] The parties have entered into the compromise. The parties in the present Second Appeals submit that in view of the compromise, the present Second Appeals may be disposed of.

2] In Second Appeal No.226 of 2017, Civil Application No.7189 of 2023 is filed by Dhondiram Ranuji Pujari. It is the contention of the applicant in the said application that there is registered agreement to sell dated 13.10.2008 between the applicant and Yusuf Babusha Shaikh i.e. father of the appellants in Second Appeal. By virtue of the registered agreement to sell, the part of the suit property was to be sold to the applicant, and therefore, he seeks leave to appear in the Second Appeal and to make submission in the Second Appeal.

3] Since the compromise is entered into between the parties in Second Appeals, the applicant in Civil Application No.7189 of 2023 has no role. However, it is clarified that the present compromise between the parties in Second Appeal would not prejudice the rights of the applicant in Civil Application No.7189 of 2023 under the agreement to sell and that he would have an independent remedy as may be available in law. As such, the applicant

may pursue civil remedy, as may be available in law. 4] In terms of the compromise, both Second Appeals are disposed of.

5] In view of the disposal of Second Appeals, pending Civil Application does not survive and the same stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC