Jagdish @ Devidas Baban Salodkar And Others.. v. Shri Bhujangrao Shriram Raut (Dead) Through Lrs. Sunanda Wd/O Bhujangrao Raut And Others

1 2 cas 185-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.185/2023 IN SECOND APPEAL NO. 29/2005 (D) Jagdish @ Devidas Baban Salodkar and others Vs. Shri Bhujjangrao Shriram Raut (dead) thr. LR's and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Tidke, Advocate for appellant No.1 Shri E.S. Sahasrabuddhe, Advocate for appellant Nos.5(I)(A), 5(I)(B), 5(I)(C), 2 & 5 Shri S.D. Deoras, Advocate for respondent Nos.4(B) & 4 (C) CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

06/11/ It appears that this Court, on 10/08/2022, recorded compromise terms as per deed dated 26/07/2022 marked as 'A' for identification and on the basis of the same, decree was directed to withdraw. However, subsequently, there was some controversy between appellant Nos.1 and 2 on one side and appellant Nos.3 and 4 on another side. Therefore, matter was sent to mediation. The mediation is successful and matter was settled before the mediator. Accordingly, additional consent terms were recorded. The said additional consent terms are marked as 'B' for identification. As such, the order dated 10/08/2022 is modified as under:

2 2 cas 185-2023 "1.

The present Second Appeal appears to be settled before the Mediator. The settlement terms dated 26/07/2022 as marked 'A' for identification. Thereafter, matter was again referred to mediation as there was some controversy between appellant Nos.1 and 2 on one side and appellant Nos.3 and 4 on another side.

Their controversy also settled before the mediator and the modified terms are placed on record as document 'B'.

2.

In view thereof, the compromise deed is taken on record. Second Appeal stands disposed of in terms of compromise deed dated 26/07/2022 marked as document 'A' and 'B'.

3.

The judgment passed by learned 10th Ad-hoc Additional District Judge, Nagpur in R.C.A. No.127/2002 as well as the judgment passed by learned Civil Judge, Junior Division, Saoner, in R.C.S.

No.102/2001 are hereby quashed and set aside.

4.

Decree be drawn up in terms of compromise deed 'A' and 'B' accordingly."

Second appeal stands disposed of accordingly. JUDGE R.S. Sahare