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Bombay High CourtCAS/584/2018ca disposed off

Akhil Bhartiya Pusti Margiya Vaishnav Parishad Through Its Auth. Holder, Batukbhai Shah And Another v. Smt. Kisankuwarbai W/O S. Rathi (Dead) Thr. Lrs. Shri Chaganlal @ Ghanshyam S. Rathi And Others

2018-06-04Hon'Ble Shri Justice A.S. Chandurkar2 pages

6-SA-359-07 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.359 OF 2007 Akhil Bhartiya Pusti Margiya Vaishnav Parishad, Shegaon, Dist. Buldana and anr. -vsKisankuwarbai w/o Shrikisandas Rathi (since dead) Thr. L.R. Chaganlal @ Ghanshyam s/o Shrikisandas Rathi and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. V. Sirpurkar, Advocate for appellants. Shri N. R. Saboo, Advocate for respondents.

CORAM : A.S.CHANDURKAR, J.

DATE : June 04, 2018 Civil Application No.584 of 2018 This application under provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 has been moved jointly by the parties. In the application it is stated that the parties have settled their dispute as per the terms mentioned in paragraph 9 of the application. The parties are present in Court today and they are identified by their learned counsel. The application is also supported by the affidavits of the respective parties. On perusal of said application it is found that the parties have voluntarily settled their dispute. In view thereof the judgment of the appellate Court in R.C.A.No.45/1998 is modified. The Second Appeal stands disposed of as compromised. The terms mentioned in paragraph 9 of the application shall be binding on both the parties. Decree be drawn in terms

6-SA-359-07 2/2 of contents of paragraph 9 of the Civil Application. The Second Appeal as well as Civil Application are disposed of with no order as to costs.

JUDGE Asmita