Prakash S/O Dayaramji Dhurve (Dead) Thr. Lrs. Sugandha Wd/O Prakash Dhurve And Others v. Nilkanth S/O Rakhaduji Dhurve

HIGH COURT LEGAL SERVICES SUB-COMMITTEE, NAGPUR BENCH, NAGPUR.

BEFORE THE NATIONAL LOK ADALAT SECOND APPEAL NO. 459/2018 Nilkanth S/o Rakhaduji Dhurve

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Prakash S/o Dayaramji Dhurve (Dead) through L.Rs. Mrs. Sugandha Wd/o Prakash Dhurvey and others WITH SECOND APPEAL NO. 432/2018 Prakash S/o Dayaramji Dhurve (Dead) through L.Rs. Mrs. Sugandha Wd/o Prakash Dhurvey and others

Versus

Nilkanth S/o Rakhaduji Dhurve .................................................................................... Smt. N.P. Thete, Advocate for appellant in S.A. 459/2018 and respondent in S.A. 432/2018 ....................................................................................

O R D E R

(Passed on 30/04/2023) The appellant and respondents have amicably settled their dispute out of the court and has settled and withdrawn the pending cases i.e. R.D. No. 36/2020, which was pending before learned Civil Judge Senior Division, Bhandara and First Appeal No. 98/2020, which was pending before learned Principal District Judge, Bhandara, in National Lok-adalat held on 11/02/2023, at Bhandara. The Appellant(s) and respondent/s are present. The parties have willingly and amicably settled the dispute. Both parties have filed terms and conditions of compromise as per Pursis dated 30/04/2023, along with Form "H". Terms of compromise are read over and recorded. The appellant(s) and respondent(s) do not wish to proceed with the pending Second Appeal Nos. 459/2018 and 432/2018 which are pending before this Hon'ble Court. The appellant(s) and respondent(s)

desires to unconditionally withdraw above stated Second appeals. The appellant Shri Nilkanth S/o Rakhaduji Dhurve has deposited an amount of Rs.1,00,000/- in the Registry of this Court on 03/10/2018 as per order dated 04/09/2018 in Second Appeal No. 459/2018. The respondents have no objection if this Court grants permission to appellant to withdraw the said amount.

2.

In view of compromise, award is passed. The Appellant(s) I.e Nilkanth Rakhaduji Dhurve in Second Appeal No. 459/2018, shall be entitled to withdraw amount of compensation along with accrued interest, after deducting the amount, if any already withdrawn, as per orders of the court.

3. Both the appeals stand disposed of.

4.

Court fees, if any, be refunded to the appellants in both the appeals, as per rules.

MEMBER MEMBER PRESIDING OFFICER (Arun Patil) (G.M. KUBDE) (Justice M.S. Jawalkar) Advocate Retd.P.D.J. Signed By:JAYASHREE SHARAD SHINGNE