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Bombay High CourtWP/6123/2016dispossed offdismiss for default

Smt. Tulsabai Rangrao Balpande v. Baban Laxman Warghane And Others

2016-12-21Hon'Ble Shri Justice Ravi K. Deshpande2 pages

2112wp6123.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.6123 of 2016 (Smt. Tulsabai Rangrao Balpande v. Baban Laxman Warghane and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri H.N. Bhondge, Advocate for Petitioner.

Shri S.A. Radke, Advocate for Respondents.

Coram : R.K. Deshpande, J.

Date : 21 st December, 2016 The challenge in this petition is to the award passed by the National Lok Adalat held at Bhiwapur by consent of the parties on 12-3-2016. The petitioner was granted 1/4th share in the decree passed by the Trial Court on 24-2-2015 in Regular Civil Suit No.76 of 2009, which comes to 1.53 HR of land. In the settlement before the National Lok Adalat, the petitioner has agreed to satisfy herself by accepting her share to the extent of 1.27 HR of land. The compromise is entered into before the Lok Adalat and there is neither any dispute about the identification of the petitioner nor any dispute about her signature on such compromise. The only contention raised is that the settlement is not signed by the counsel appearing for the petitioner. This cannot be the ground to set aside the settlement which has been arrived at. There is no substance in the petition.

2112wp6123.16.odt The petition is dismissed.

Judge.

Lanjewar