Waman S/O Maniram Madavi v. Rajeshwar S/O Sitaram Tupkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No. 15 of 2018 IN Second Appeal No.498 of 2017 [Waman Maniram Madavi Vs. Rajeshwar Sitaram Tupkar & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Rohit Joshi, Adv., for the appellant.

----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

08th January, 2018 The parties to the Second Appeal have jointly filed this application praying that the Second Appeal be disposed of in terms of the Memorandum of Settlement dated 6th January, 2018.

As per the Memorandum of Settlement, the appellant along with other recorded owners would be retaining the lane having width of 1.5 feet, while the other marked portion would go to the share of the respondents. It has been stated that parties have resolved their dispute and the decree passed by the appellate Court be modified accordingly.

Perused the Terms of Settlement which appear to be reasonable. The Terms are signed by parties to the proceedings as well as by their learned counsel. In view

thereof, the decree passed by the first appellate Court in Regular Civil Appeal No. 187 of 2004 dated 20th February, 2017 is modified. There shall be decree in terms of the Memorandum of Settlement dated 6th January, 2018. Decree be drawn accordingly.

Second Appeal and the Civil Application are disposed of in aforesaid terms.

Judge |hedau|