Smt. Kamlabai Wd/O Mahadeorao Dhurve v. Shailendra S/O Chandrashekhar Diwan And Others

FA1065-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

First Appeal No.1065 of 2015.

(Smt. Kamlabai wd/o Mahadeorao Dhurve .vs. Shailendra Chandrashekhar Diwan and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. S.P. Bhandarkar, Advocate for Appellant. Mr. A.J. Welankar, Advocate for Respondent Nos. 1 to 5. Mr. M.R. Joharapurkar, Advocate for Respondent Nos. 6 to 10 Mr. P.S. Tidke, Advocate for Applicants- Appellants 2 to 4. ...

CORAM : B.R. Gavai & P.N. Deshmukh, JJ.

DATED : December 3, 2015.

Civil Application No. 3136/2015.

This is an application for addition of parties. The learned counsel for the appellant has no objection for allowing the application.

In that view of the matter, the application is allowed. The applicants are permitted to add as appellant Nos. 2 to 4.

First Appeal No. 1065 of 2015.

The learned counsel for the appellants has tendered a civil application. Registry to register the same. The application is for recording the compromise arrived at between the parties and passing a compromise decree in terms of the terms and conditions as are mentioned in the civil application.

The parties are personally present in the

FA1065-15.odt Court. The appellants are identified by the learned counsel for the appellants, respondent Nos. 1 to 5 are identified by Mr. A.J. Welankar, Advocate and respondent Nos. 6 to 10 are identified by Mr. M.R. Joharapurkar, Advocate.

We have personally inquired with the parties as to whether they have read the terms and conditions and also asked the appellants who appeared not to have understanding of English as to whether they have been informed about the terms and conditions. All the parties state that they have gone through the terms and conditions and reiterate that the terms and conditions recorded in the civil application are as per the respective instructions given by them to their counsel. We are satisfied that the compromise has been arrived at by them out of their free will and consent.

The application is, therefore, allowed. The compromise between the parties is accepted. The appeal is disposed of in terms of the consent terms. A decree be drawn as per the terms and conditions as recorded in the civil application. The respective undertakings are treated as an undertaking to this Court and accepted.

JUDGE JUDGE halwai