Mirabai Wd/O Mahadeo Rechankar And Others v. Manjulabai Wd/O Nanaji Rechankar And Others

2024:BHC-NAG:99 1 26 sa no.311.18.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO. 311 OF 2018 Mirabai Wd/o Mahadeo Rechankar and ors.

VS.

Manjulabai Wd/o Nanaji Rechankar and others. _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr V.N. Morande, , Advocate the appellants.

Mr. Madhur Deo, Advocate for respondent No.2. CORAM :

G.A. SANAP, J.

DATE :

JANUARY 03, 2024.

Civil Application No.13 of 2024 in Civil Application (S) No.66/2022 in Second Appeal No.311/2018 This is an application for deletion of name of respondent No.1 from array of the parties. It is stated that respondent No.1 died on 12.07.2023. Respondent Nos.2 and 3 are her daughters. Except respondent Nos.2 and 3 respondent No.1 is not survived by any other legal heir. A copy of the death certificate is annexed to this application.

In view of above, the application is allowed. The name of respondent No.1 is allowed to be deleted

2 26 sa no.311.18.odt. from the memo of appeal as well as civil applications. The correction be made forthwith.

3.

The Civil Application stands disposed of.

Civil Application No.1313/2023 in CA(S) No.66/2022 This is an application for amendment of Civil Application No.66/2022. The amendment is sought to the consent terms which have been set out in the application No.66/2022. The parties to this appeal have settled the dispute and by application No.66/2022 have prayed for consent decree.

In view of this, the amendment as prayed for is allowed. Amendment be carried out forthwith. 3.

Civil Application stands disposed of.

SECOND APPEAL AND CIVIL APPLICATION NO.66 OF 2022 1.

In this Second Appeal, parties have filed the Civil Application No.66/2022 for recording the compromise terms. The compromise terms have been set out in the application. The parties have prayed for decree

3 26 sa no.311.18.odt. in terms of compromise terms.

Appellant Nos.2 and 3 are the constituted power of attorney of appellant Nos.1 and 4. The original power of attorney is produced on record with this consent terms. The name of the respondent No.1 has been deleted from memo of appeal as well as civil applications. Respondent Nos.2 and 3 are the legal heirs of respondent No.1.

3.

The parties and their respective Advocates are present before the Court. The parties have confirmed the facts stated in the consent terms. They have prayed for decree. The consent terms are accepted. The decree be drawn up in accordance with consent terms set out in the Civil Application (S) No.66/2022. Decree be drawn up accordingly 4.

Second Appeal and Civil Application No.66 of 2022 stand disposed of.

(G. A. SANAP, J.) Manisha