Sadakunwar Pannalal Bharadiya Died Lrs Pannalal And Others v. Jambu Vithalrao Chaware Died Lrs Swapna And Others

2025:BHC-AUG:10332

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO. 12040 OF 2024 IN SA/416/2022 SADAKUNWAR PANNALAL BHARADIYA DIED LRS PANNALAL AND JAMBU VITHALRAO CHAWARE DIED LRS SWAPNA AND OTHERS ...

Mr. Anand P. Bhandari, Advocate for Applicants. Mr. N. V. Gaware, Advocate for Appellant in SA. Mr. S. S. Rathi, Advocate for Respondent Nos.2a 1, 2a 3, 2b 1, 2c to 2f in SA.

Mr. P. S. Agrawal, Advocate for Respondent No.1c. Mr. B. R. Kedar, Advocate for Respondent Nos.4A to 4C and 5. ...

CIVIL APPLICATION NO. 1515 OF 2023 IN SA/416/2022 BASANTIBAI SHRIKISHAN BANG DIED L.RS. KISHOR SHRIKISHAN BANG DIED L.RS. SUSHIL KISHOR BANG JAMBU VITHALRAO CHAWARE DIED LRS SAPNA AND OTHERS Mr. Swapnil S. Rathi, Advocate for Applicant. Mr. Girish Rane h/f. Mr. N. V. Gaware, Advocate for Respondents. CIVIL APPLICATION NO. 5201 OF 2023 IN SA/416/2022 VIJAYA NANDLAL BAHETI DIED LRS. PRASAD AND ANOTHER JAMBU VITHALRAO CHAWARE DIED LRS SAPNA AND OTHERS Mr. Pawankumar Suryakiren Agrawal, Advocate for Applicant.

CIVIL APPLICATION NO. 4731 OF 2024 IN SA/665/2018 SADAKUNNWAR PANNALAL BHARADIYA LRS PANNALAL AND DURGABAI KHUSHALCHAND RATHI LRS BANSILAL AND OTHERS Mr. Anand P. Bhandari, Advocate for Applicant. Mr. R. P. Chable h/f. Mr. S. S. Gangakhedkar, Advocate for Respondent No.3.

Mrs. B. R. Kedar, Advocate for Respondent Nos.1 and 2. SECOND APPEAL NO. 665 OF 2018 DURGABAI KHUSHALCHAND RATHI LRS BANSILAL AND OTHERS SADAKUNNWAR PANNALAL BHARADIYA LRS PANNALAL AND Mr. Balbhim R. Kedar, Advocate for Appellant. SECOND APPEAL NO. 732 OF 2018 ASTHAI MENDH KSHETRIYA SONAR SAMAJ SANSTHA NANDED THRO. PRESIDENT SADAKUNNWAR PANNALAL BHARADIYA LRS PANNALAL AND Mr. Rajshri Gudgilla and Mr. Rajendra Chavan, Advocate for Appellant. SECOND APPEAL NO. 416 OF 2022 JAMBU VITHALRAO CHAWARE DIED LRS SAPNA AND OTHERS SADAKUNWAR PANNALAL BHARADIYA DIED LRS PANNALAL AND Mr. Niteen V. Gaware, Advocate for Appellant. Mr. A. P. Bhandari, Advocate for Respondent Nos.1a,1b,1d to 1/i.

CIVIL APPLICATION NO. 12042 OF 2024 IN CA/4731/2024 SADAKUNNWAR PANNALAL BHARADIYA LRS PANNALAL AND DURGABAI KHUSHALCHAND RATHI LRS BANSILAL AND OTHERS Mr. Anand P. Bhandari, Advocate for Applicant. Adv. B. R. Kedar, Advocate for Appellant in SA. ...

CORAM :

KISHORE C. SANT, J.

DATE :

4th APRIL 2025 P.C.:- 1.

Heard learned counsel for the parties.

2.

This application is filed seeking permission to execute confirmation deed in respect of sale deed bearing Registration No.286 dated 9th January 2023 executed by Respondent No.1-B in favour of Respondent No.12 to the extent of 2 H. 95 R and sale deed bearing Registration No.287 dated 9th January 2023 executed by Respondent No.1-D in favour of Respondent No.13 to the extent of 00 H. 13 R of land bearing Survey No.75 admeasuring 3 H. 25 R situated at village Wadi (bk) (Pawdewadi), Taluka & District Nanded. 3.

All the parties appearing today do not have any objection, if the prayer clause (b) of the application is allowed.

4.

Considering the submissions of the parties, the consensus between the parties and as the parties have already executed sale deeds and other parties have no objection to the same transaction, the application stands allowed in terms of prayer clause (b). Mr. Rane informs that Civil Application No.1515 of 2023 also needs to be disposed of, in view of the prayers and in view of the compromise recorded, copy of which is annexed to the said application. Civil Application No.1515 of 2023 stands disposed of. 5.

So far as Civil Application No.5201 of 2023 is concerned, the learned counsel for the Applicant informs that this application also needs to be disposed of in view of the compromise between the parties. The said application also stands allowed in terms of prayer clause (b). With this, all the civil applications stand allowed and disposed of. 6.

In view of the same, learned counsel for Respondent Nos.12 and 13 in Civil Application No.12040 of 2024 and Respondent Nos.10 and 11 in second appeal informs that Clause No.9 of order dated 27th September 2023 passed by this Court in Civil Application No.7808 of 2023 in Second Appeal No.416 of 2022 also needs to be deleted as now the parties have accepted the transaction in favour of Respondents.

7.

In view of the same, Clause No.9 from the order dated 27th

September 2023 stands deleted. This order shall come into effect after execution of confirmation deed by the Applicant. 8.

In view of the agreement annexed to this application dated 23rd October 2024, the agreement to be executed. Parties to act as per the agreement.

(KISHORE C. SANT, J.) Tauseef