Shaikh Farukh Shaikh Jainu And And Others v. Shaikh Salim Shaikh Jainu And Another

2025:BHC-AUG:24127 905-WP-10105-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10105 OF 2024 Shaikh Farukh Shaikh Jainu And And Others

VERSUS

Shaikh Salim Shaikh Jainu And Another *** • Mr. C. A. Shingare, Advocate for the Petitioners • Mr. V. B. Anjanwatikar, Advocate for the Respondent No. 1 • Mr. M. R. Khutwad, Advocate for Respondent No. 2 *** CORAM : R. M. JOSHI, J DATE : SEPTEMBER 10, 2025 PER COURT :

1.

After hearing learned Counsels for both sides substantially, learned Counsel for Petitioners, on instructions, makes statement that he restricts the Petition to the extent of challenge to the observations made by the Trial Court to the effect that the compromise decree binds the Petitioner though he is stranger to the suit.

2.

There cannot be any two opinions with regard to the position of law that the decree would not bind on person who is not a party to the suit.

3.

Learned Counsel for contesting Respondents was Umesh

905-WP-10105-2024.odt not in a position to satisfy this Court to take any different view.

4.

In view of this, Petition is partly allowed.

The observation made by the Trial Court in order dated 31.07.2024 that the compromise decree binds on the Petitioners is hereby set aside.

(R. M. JOSHI, J.) Umesh