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Bombay High CourtCA/9633/2018admittedallowedgrantedrule absolute

Shilabai Chhagan Patel And ORS v. Shamji Ratan Patil And ORS

2018-07-26Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 947 SECOND APPEAL NO.162 OF 2016 WITH CIVIL APPLIATION NO.9633/2018 AND CA/2222/2016 IN SA/162/2016 SHILABAI CHHAGAN PATEL AND ORS

VERSUS

SHAMJI RATAN PATIL AND ORS ...

Advocate for Appellants : Mr. Mantri Ramesh R. For A/4 & 5 Mr. R.S. Deshmukh and Mr. Chaudhari S.U., Advocates For Resp.Nos.1 To 8.

----- CORAM : P.R.BORA, J.

DATE :

th July,2018.

PER COURT :

1) CA No.9633/2018 is not on Board. Taken on Board.

2) When the present matter was taken up for hearing today, learned counsel for the parties, jointly brought to my notice that CA No. 9633/2018 is filed with a prayer that the parties have amicably settled the dispute amongst them and the present second appeal be disposed of in terms of the compromise terms, which is annexed with the said civil application.

3) The compromise terms are signed by the appellants, respondents and the counsel appearing for respective parties and they have also put their signature on the said compromise terms. 4) The parties were thereafter directed to appear before the learned Registrar (Judicial) of this Court, so as to verify the terms of compromise and the identity of all these appellants and the respondents. Accordingly, the parties appeared before the learned Registrar. The learned Registrar has submitted his report, which reveals that the learned Registrar has personally verified the identity of the persons who are party to the compromise pursis/terms. The report also shows that the parties to the compromise have dully verified the terms of compromise and their signatures thereon before the learned Registrar.

5) The parties to the compromise terms accompanied by their learned counsel are present before the Court. It is submitted that the present Second Appeal be disposed of in terms of

the compromise arrived at between the parties and decree be directed to be drawn accordingly.

6) In view of the submissions so made, following order is passed.

ORDER

i) Second Appeal No.162/2016 stands disposed of in terms of the compromise terms annexed with CA No.

9633/2018 and decree be drawn accordingly.

ii) The compromise terms shall form part of the decree;

iii) Pending civil application, if any, stands disposed of.

(P.R.BORA) JUDGE bdv/