Bansi Sahebrao Hoge And Others v. Jijabai Tukaram Dharme And Another

2025:BHC-AUG:14251 906-sa-588-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL NO. 588 OF 2021 Bansi Sahebrao Hoge And Others

VERSUS

Jijabai Tukaram Dharme And Another ...

Advocate for Appellant : Mr. Patil Milind M. (beedkar) Advocate for Respondents : Mr. Ghatol Patil Shahaji B. WITH CIVIL APPLICATION NO. 12549 OF 2021 IN SA/588/2021 ...

CORAM : S. G. CHAPALGAONKAR, J.

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

Present second appeal is filed by original defendants assailing judgment and decree dated 21.09.2019 passed in Regular Civil Appeal No.113 of 2015 by District Judge, Parbhani, thereby upholding judgment and decree dated 26.08.2015 passed by Civil Judge (Junior Division), Manwat in Regular Civil Suit No.48 of 2012. 2.

Respondents/plaintiffs instituted the suit for declaration of ownership and recovery of possession against defendants. The suit came to be decreed and plaintiffs and defendant no.1 were held entitled to 1/3rd share each in suit properties i.e. agricultural land. However, claim as to house property was dismissed. Defendants filed Regular Civil Appeal No.113 of 2015 before District Judge, which

906-sa-588-2024.odt (2) came to be decreed vide judgment and decree dated 21.09.2019. Aggrieved defendants filed second appeal.

2.

On 11.12.2024, it was informed to Court that parties are exploring possibility of amicable settlement. Accordingly today, parties appeared before the Court and filed on record compromise deed which is marked as 'X' for identification. Parties were relegated to Registrar (Judicial) of this Court before whom parties have established their identity and accepted terms of compromise deed and their signatures/thumb impression. The learned Registrar forwarded his report and endorsed that parties have admitted recitals and their signatures on compromise, which is entered voluntarily. 3.

In that view of matter, second appeal stands disposed of as per terms of settlement/compromise set out in para A to G of compromise deed.

4.

Decree be drawn up accordingly.

5.

Civil Application No.12549 of 2021 stands disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//