Rajendra S/O Nilkanth Dumbhre v. Smt. Gitaprasad Shivkumar Prasad And Others

1 108sa160.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.160 OF 2017 RAJENDRA S/O NILKANTH DUMBHARE VS SMT. GITAPRASAD WD/O SHIVKUMAR PRASAD & OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. S. Potey, Advocate h/f Shri S. Y. Deopujari Advocate for the appellant.

Shri Kuldeep Mahalle, Advocate h/f Shri R. T. Anthony, Advocate for the respondent no.5.

CORAM : A.S. CHANDURKAR, J.

DATED : AUGUST 01, 2017.

Leave to annex Annexure No.1 to the agreement. The same be done during the course of the day.

This appeal has been filed by the Objector in the execution proceedings that were initiated by the respondent nos.1 to 5. The decree in question was passed in the suit for specific performance in which compromise decree was passed on 1-9-2009. In the execution proceedings attachment of the property of objector was sought. That objection came to be allowed on 18-1-2013 and decree holder was granted liberty to proceed for recovery of the decreetal amount. The first appellate Court by judgment dated 19-1-2017 allowed the appeal and set aside the order dated 18-1-2013.

During pendency of the proceedings, the matter was referred to the mediator. The report has now been submitted that

2 108sa160.17 the mediation has been successful. The parties have settled their dispute as per agreement dated 24-7-2017. Copy of that agreement is placed on record which is duly signed by the parties. The decree holder has been paid a sum of Rs.3,20,000/- by the objector. The appellant and the respondent No.5 who is the power of attorney holder of the respondent nos.1 to 5 are present in the Court today and admit the settlement.

In view of aforesaid, the second appeal is disposed of in terms of agreement dated 24-7-2017 arrived at between the parties. The same shall bind the parties. No costs. JUDGE /MULEY/