Hanuman Shankar Ugalmugale v. Shankar Tulsiram Ugalmugale And Others

2025:BHC-AUG:14241 sa-751-2015.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 752 OF 2015 HANUMAN SHANKAR UGALMUGALE

VERSUS

SHANKAR TULSIRAM UGALMUGALE AND ORS ...

Mr. Andhale Sandip R, Advocate for Applicant Mr. L.B. Palod, Advocate for Respondent Nos.1 & 2 Mr. Shubham Khandagle h/f Mr. Sagar Madake, Advocate for Respondent No.3. WITH SECOND APPEAL NO. 751 OF 2015 WITH CIVIL APPLICATION NO. 16622 OF 2015 IN SA/752/2015 WITH SECOND APPEAL NO. 214 OF 2016 WITH CIVIL APPLICATION NO. 3031 OF 2016 IN SA/214/2016 ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : MAY 07, 2025 PER COURT :- 1.

Being aggrieved by judgment and decree dated 21.06.2014 passed in Regular Civil Appeal No.240 of 2009 by learned Principal District Judge, Ahmednagar, thereby upholding judgment and decree in Special Civil Suit No.194 of 2007 passed by Civil Judge, Senior Division, Ahmednagar, original plaintiff has filed present second appeal.

2.

The appellant/plaintiff instituted suit for partition and separate possession of suit properties. The Trial Court decreed the suit of plaintiff and plaintiff and defendants were held entitled to 1/4th share each in suit properties. Aggrieved plaintiff filed appeal before

sa-751-2015.odt (2) District Judge, Ahmednagar, which came to be dismissed vide judgment and decree dated 21.06.2014.

3.

Aggrieved plaintiff filed present second appeal. Today, learned advocates appearing for respective parties made joint request to record terms of compromise. Accordingly, they were relegated to Registrar (Judicial) of this Court before whom they verified and admitted terms of compromise. Learned Registrar submitted his report along with verified terms of compromise. Parties amicably and voluntarily settled the dispute, admits their signatures. The compromise terms are taken on record and marked 'X' for identification. The terms are recorded in vernacular language. The Parties jointly request to dispose of second appeal in terms of compromise and modified decree be drawn accordingly. 4.

In that view of matter, second appeal stands disposed of by modifying impugned decree in terms of compromise settlement marked at Exhibit (X).

5.

Decree be drawn up accordingly.

6.

In view of disposal of Second Appeal No.752/2015 in terms of settlement, connected Second Appeals No.751/2015 and Second Appeal No.214/2016 and civil applications stand disposed of as withdrawn.

(S.G. CHAPALGAONKAR, J.) Mujaheed//