Bombay High CourtWP/4888/2006dispossed offdismiss for default

Shantabai Krishnamurthy Tripathi v. Sanjay Annaji Mahadik

2016-07-21Hon'Ble Shri Justice Z.A. Haq3 pages

1 wp4888.06

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4888 OF 2006 (SHANTABAI KRISHNAMURTHY TRIPATHI & ANR...VS..SANJAY ANNAJI MAHADIK) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JULY 21, 2016.

Shri Sunil Ramshankar Pande, Managing Director of the petitioner No.2, identified by Shri R.L. Khapre, advocate for the petitioners and Shri Sanjay Annasaheb Mahadik-respondent, identified by Shri N.G. Dhoble, advocate holding for Shri S.P. Kshirsagar, advocate, are present. The civil application, solemnly affirmed by the Managing Director of the Petitioner No.2 and by the respondent on 20th July, 2016, is filed praying that compromise decree be passed in terms of clauses (A) to (D) of the terms of the compromise stated in paragraph No.3 of the civil application. Along with the civil application a document, dated 20th July, 2016, styled as "Acknowledgment of Delivery of Possession of Shop Premises" is also filed. Shri S.P. Dharmadhikari, learned Senior Advocate a/b. Shri N.G. Dhoble, advocate for the respondent states that the respondent has received a draft for Rs.Thirty Lakhs as per the terms of the compromise.

2 wp4888.06 In view of above, the civil application is allowed. The judgment and decree passed by the District Court is set aside and it is directed that there shall be decree in terms of the compromise as stated in paragraph No.3 (A) to 3(D) of the Civil Application dated 20th July, 2016.

The petition is disposed of accordingly. In the circumstances, the parties to bear their own costs. JUDGE Rraut..

3 wp4888.06 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 22/07/2016