Bombay High CourtSA/66/2017dispossed offdismiss for default

Suresh S/O Vasudeo Ratnaparkhi v. Sau. Indubai W/O Suresh Ratnaparkhi

2017-06-14Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 1406sa66.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.66 OF 2017 SURESH S/O VASUDEO RATNAPARKHI VS SAU. INDUBAI W/O SURESH RATNAPARKHI - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. D. Chopde, Advocate for the appellant. Shri A. R. Tichkule, Advocate for respondent. CORAM : A.S. CHANDURKAR, J.

DATED : JUNE 14, 2017.

The appeal arises out of judgment of the trial Court in a suit filed for grant of maintenance. The trial Court partly decreed the suit and awarded maintenance of Rs.3000/- per month. This decree has been maintained by the appellate Court.

During pendency of the proceedings, the parties have amicably settled the dispute amongst them. The appellant has agreed to pay a sum of Rs.1,30,000/- to the respondent as the final amount of maintenance/settlement. The respondent has filed affidavit dated 14-6-2017 in which it is stated that amount of Rs.1,30,000/- has been received by her today.

Both the parties are present and they have filed joint pursis which is also signed by their respective Counsel. In view of aforesaid, the proceedings in Special Civil Suit No.69/2005 are disposed of by holding that the

2 1406sa66.17 respondent - plaintiff has received amount of Rs.1,30,000/- in full and final settlement of her claim of maintenance. Similarly, the appellant has deposited a sum of Rs.9,000/- in this Court as per the interim orders passed. The respondent is at liberty to withdraw said amount.

The second appeal is disposed of in aforesaid terms. No costs.

JUDGE /MULEY/