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Bombay High CourtSA/253/2012compramised

Ramjanali Fayajali Shaikh And ANR v. Mandodhari Padmakar Madane And ORS

2017-08-11Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* nob1sa253o12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 253 OF 2012 WITH CIVIL APPLICATION NO.4712 OF 2012 IN SA/253/2012 WITH CIVIL APPLICATION NO.10555 OF 2017 IN SA/253/2012 WITH CIVIL APPLICATION NO.10553 OF 2017 IN SA/253/2012 RAMJANALI FAYAJALI SHAIKH AND ANOTHER.

VERSUS

MANDODHARI PADMAKAR MADANE AND OTHERS.

...

Advocate for Appellants : Mrs.Kulkarni M.A. h/f Mrs.M.G.Kasturkar. Advocate for Respondent 1A : Shri N.V.Gaware and Shri S.N.Boiwar. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 11th August, 2017 Per Court:

Not on Board. Mentioned. Taken on the Production Board. By Civil Application No.10555/2017, the Applicants pray for deleting Respondent No.5 in the Second Appeal. The Civil Application is allowed and deletion is permitted at the risk of the Applicants. In the Second Appeal, the litigating sides have arrived at compromise terms which are duly signed and verified. On 10.08.2017, I had directed the parties to appear before the learned Registrar (Judicial) for verification.

*2* nob1sa253o12 The report and verification of the compromise terms in the presence of the learned Registrar (Judicial) dated 10.08.2017 is placed on record. Both the learned Advocates jointly submit that the Second Appeal can be disposed of in terms of the compromise annexed to the report of the learned Registrar (Judicial).

The report of the learned Registrar (Judicial) along with the compromise terms are collectively marked as Exhibit "X" for identification. Considering the above, the Second Appeal stands disposed of in terms of the compromise terms at Exhibit "X". Decree be drawn accordingly.

By Civil Application No.10553/2017, the Applicant/ original Respondent No.1-A in the Second Appeal prays for leave to withdraw M.A. No.1/2003 (old No.190/1990).

Learned Advocate for the Appellants has no objection. Considering the above, Civil Application No.10553/2017 is allowed in terms of prayer clause (B).

In view of the disposal of the Second Appeal, the other pending Civil Application also stands disposed of. kps (RAVINDRA V. GHUGE, J.)