Shivaji Bapurao Shinde And Others v. Bhanudas Pandharinath Shinde And Another

2024:BHC-AUG:8277 904SA451-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 SECOND APPEAL NO. 451 OF 2021 WITH CIVIL APPLICATION NO. 2350 OF 2021 IN SA/451/2021 SHIVAJI BAPURAO SHINDE AND OTHERS

VERSUS

BHANUDAS PANDHARINATH SHINDE AND ANOTHER ...

Mr. Gholap Ajit M., Advocate for Appellant Mr. Narendra B. Patekar, Advocate for Respondent No.1.

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 18th April, 2024 ORDER:

1.

In pursuance of the order dated 11.01.2024, the learned Mediator Mr. S.S. Manale submitted a Mediation Successful Report dated 12.03.2024 alongwith settlement agreement. It is taken on record and collectively marked as 'X' for identification along-with Map Exh.65 prepared by the Deputy Superintendent of Land Record, Ahmednagar. As per the Mediator Report, the parties have settled the dispute in terms of condition Nos. (I) to (XII) of the Settlement Agreement 'X'. It is signed by all the parties to the appeal. Therefore it would be just and proper to dispose of the present appeal in terms of mediation report/Settlement Agreement 'X', which is part and parcel of the order. The decree be drawn in terms of the mediator report Exh. X. 2.

The impugned judgment and decree dated 25.07.2018 passed by the learned Ad-hoc District Judge-7, Ahmednagar in RCA No. 395 of

904SA451-21 2013 arising out of judgment and decree dated 08.11.2013 passed by the learned 2nd Joint Civil Judge, Senior Division, Ahmednagar in RCS No. 130 of 2009 is hereby quashed and set aside. 3.

The parties to the appeal shall jointly deposit Rs.15,000/- before this Court towards fees of the Mediator, within a period of one week.

4.

Pending Civil Application stands disposed off. ( Y. G. KHOBRAGADE, J. ) JPChavan