Bombay High CourtCAW/179/2020withdrawn

Smt. Sunita Wd/O Dinkar @ Dinesh Lengure And 2 ORS v. Smt. Sumitra Wd/O Dinkar Lengure And 2 ORS

2020-02-03Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 3.CAW.179.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.179 OF 2020 IN WRIT PETITION NO.4327 OF 2011 Smt. Sunita Wd/o Dinkar Lengure and others.

Vs.

Smt. Sumitra Dinkar Lengure and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

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s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. A. Dhawas, Advocate for petitioners.

Shri A. M. Sudame, Advocate for respondent no.3. CORAM : AVINASH G. GHAROTE, J.

DATE : FEBRUARY 03, .

By this application, the petitioners want to withdraw the petition as the issue involved, has been settled between them in mediation proceedings, by an agreement dated 27.02.2019, which has been submitted in M.J.C. No.51 of 2018 pending before the Joint Civil Judge Senior Division, Chandrapaur, which has been recorded and accepted by the Court and the proceedings have been disposed off in terms thereof by an order dated 12.11.2019 passed below exhibit 1. One of the terms of the compromise dated 27.02.2019, namely term No.5 enjoins upon the present petitioners to withdraw the present petition and also permits them to withdraw the amount as deposited in this Court. Since the matter is already settled between the parties as recorded in the order dated 12.11.2019 passed by the Joint Civil Judge Senior Division, Chandrapur in M.J.C.

(2) 3.CAW.179.20 No.51 of 2018, the application is allowed. The petitioners are permitted to withdraw the petition. The amount of Rs.1,12,561/-, as deposited in this Court as reflected from the Farad note dated 14.10.2014 is permitted to be withdrawn by the petitioners. The Civil Application is accordingly disposed of as withdrawn.

JUDGE Sarkate