Bombay High CourtSA/76/2019disposedoff

Haroon Rashid S/O Haji Abdul Rahim v. Mustafa Sheikh @ Musa S/O Haji Abdul Rahim

2020-02-20Hon'Ble Shri Justice Avinash G. Gharote2 pages

9 SA 76-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 76 OF 2019 Haroon Rashid s/o Haji Abdul Rahim ...Versus...

Mustafa Sheikh @ Musa s/o Haji Abdul Rahim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------- - Shri C.F. Bhagwani, Counsel for appellant Shri Mohd. Moin, Counsel for respondent CORAM : AVINASH G. GHAROTE, J.

DATE : 20/02/2020 Mr. Bhagwani, Counsel for the appellant and Mr. Mohd. Moin for the respondent present.

By a pursis Stamp No.1630/2020, it was brought to the notice of this Court that a compromise had been arrived between the parties on 29.04.2019, as per the compromise terms placed on record along with the pursis. By order dated 14.02.2020, the Registrar (Judicial) was directed to verify the terms of the compromise and submit the report in that regard. Parties were directed to appear before the Registrar (J) on 18.02.2020.

The Registrar (J) has submitted his report dated 18.02.2020, and has stated that the parties and their counsel

9 SA 76-2019.odt who were present before him have accepted the terms of the compromise, which have been acted upon by the respondents, executing a sale-deed of the room in question in favour of the appellant, and the consideration of Rs.16,00,000/- has also been received by him. In light of the above position, the compromise terms as placed on record are marked as 'X' for the purpose of identification and a decree in terms thereof is accordingly passed. The judgment and decree of the Trial Court as well as of the Appellate Court, therefore, stands modified accordingly in terms of compromise as arrived between the parties.

Second Appeal is accordingly disposed of in terms of compromise. No costs.

JUDGE J.Pethe