Kisan Bhagwan Gaware And ANR v. Kantilal Shivlal Munot And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO.183 OF 2012 WITH CA/11919/2011 IN SA/183/2012 1.

Kisan S/o Bhagwan Gaware 2.

Radhabai W/o Bhagwan Gaware (Died on 4.11.2007) ..APPELLANTS -VERSUS1.

Kantilal S/o Shivlal Munot 2.

Alka W/o Kantilal Munot ..RESPONDENTS ...

Mr.S.Y. Mahajan, Advocate for the appellants. Mr.A.K. Gawali, Advocate for respondents.

...

CORAM: V.L. ACHLIYA,J.

DATE : 27.06.2019 ORAL ORDER:

Parties are present with their respective Advocates to record compromise.

2.

Learned Advocates for the parties submit that the appellant No.1 and Respondent Nos.1 and 2 have settled the suit subject matter. The Appellant No.1 and the Respondents present are identified by the respective Advocates. The appellant No.1

present along with his wife and son admit the thumb impression endorsed over the terms of compromise filed on record. The wife and son of the appellant No.1 also confirm that the appellant No.1 has endorsed his thumb impression over the terms of compromise. They submit that the matter is amicably settled and the terms of compromise are recorded as per the settlement. The Respondents present admit their signatures and further submit that they have settled the suit subject matter with the Appellant No.1 and terms of compromise are recorded truly and correctly as per the settlement reached between the parties. The report of verification and identification of the parties submitted by the Registrar (Judicial) is marked as "X" for identification. The terms of compromise is marked as "Y" for identification.

3.

It appears that the compromise entered between the parties is voluntary and they have signed the consent terms out of free will. In view of the compromise between the parties, the appeal is disposed of in terms of compromise filed as "Y" for identification. Decree be drawn accordingly.

4.

Pending Civil Application No.11919 of 2011 shall stand disposed of in view of the disposal of the Second Appeal itself.

[V.L. ACHLIYA] JUDGE SGA