Bhikan Sileman Shaikh Thro. Lrs Nanbhui And Others v. Amirbhai Babanbhai Sayyed Lrs Shahaji And Others

1 CA 10935 & 10936/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 10935 of 2015 In Second Appeal No.733 of 2003 And Civil Application No.10936 of 2015 In Second Appeal No.732 of 2003 Bhikan Suleman Shaikh Deceased, through legal representatives. .. Applicants.

Versus

Amirbhai Babanbhai Sayyed Deceased through legal representatives. .. Respondents. -------- Smt. Charuta S. Deshmukh & S/Shri. R.F. Totla & A.R. Rathod, Advocates, for applicants.

Shri. L.B. Pallod and Shri. T.W. Pathan, Advocates, for respondents.

-------- CORAM: T.V. NALAWADE, J.

DATE : 2nd SEPTEMBER 2015 ORDER:

1) Both the civil applications are filed for recording compromise which the parties have arrived at outside of the Court. They want compromise decree in respect of suit property viz. property bearing Gat No.187 of village Supa, Tahsil Parner, District Ahmednagar. The

2 CA 10935 & 10936/2015 suit is filed in respect of other property also but they have not compromised the dispute in respect of other property.

2) The parties are identified by their respective counsels and submission was made that both the parties and the legal representatives of some parties have signed on the compromise document. It appears that through general power of attorney some parties have signed the compromise document. The learned counsels for the parties have identified the parties to the compromise and they have requested for modifying the decree given in respect of the aforesaid property in terms of compromise. The application is allowed. The decree given by the Courts below is to be modified in terms of the present compromise only in respect of aforesaid property. The applications are allowed and disposed of in terms of aforesaid terms. The appeals are to continue in respect of other property.

Sd/- (T.V. NALAWADE, J. ) rsl