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Bombay High CourtSA/291/2019disposedoff

Raghunath Jagannath Vaitkar And Others v. Subhadrabai Narayan Langote

2019-06-07Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

903ca1230.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 1230 OF 2018 IN SECOND APPEAL STAMP NO. 14982 OF 2018 Raghunath Jagannath Vaitkar and others.

V/s Subhadrabai Narayan Langote _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

Shri P.S. Kshirsagar, counsel for the applicants. Shri A.J. Thakkar, counsel for the respondent. CORAM : ARUN D. UPADHYE, J.

DATE : 07/06/2019 Heard learned counsel for the applicants as well as learned counsel for the respondent.

Perused the application.

There is delay of 2930 days in filing the second appeal. The learned counsel for the respondent, however objected for condoning the delay.

Learned counsel for the appellant has submitted that the matter is amicably settled between the parties and Compromise-Deed is filed on record, and therefore delay be condoned.

Learned counsel for the respondent has no objection for condoning the delay.

903ca1230.18 Considering the above facts and circumstances of the case, civil application is allowed and delay is condoned. SECOND APPEAL STAMP NO. 14982 OF 2018 The appellants as well as respondent have filed joint Compromise-Deed and same is taken on record and marked as 'X' for identification purpose.

The appellant Nos. 1 to 3 are present and identified by Shri P.S. Kshirsagar, learned counsel for the appellants. The respondent through power of attorney is present and identified by Shri A.J. Thakkar, learned counsel for the respondent. Both the parties have admitted the contains of Compromise-Deed and signed today i.e. on 07/06/2019 in presence of their counsels.

In view of the settlement between the parties, the Second Appeal Stamp No. 14982/2018 is disposed of in terms of Compromise-Deed.

The impugned judgment and decree passed by the appellate Court is modified accordingly. No order as to costs. JUDGE rkn.