Tawqeer Ahmed Mohd. Mukhtar v. Riyaz Ahmed S/O Hafiz Abdul Shakoor And Another

2025:BHC-NAG:2447 23 SA-366-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SECOND APPEAL NO.366 OF 2022 [Tawqeer Ahmed Mohd. Mukhtar ..Vs.. Riyaz Ahmed S/o Hafiz Abdul Shakoor and Anr.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. R. Ingole, Advocate for Appellant.

Mr A. B. Yadav, Advocate for Respondent Nos.1 and 2.

CORAM

: M. W. CHANDWANI, J.

DATE : 10 th MARCH , 2025 .

1.

By filing pursis, the appellant has filed settlement agreement executed by the appellant and respondents who are present in the Court and duly identified by their counsels. They admit the execution of settlement agreement and terms contained therein. The joint request is made that the compromise decree be passed under Order 23 Rule 1 of the Code of Civil Procedure by setting aside the judgment and decree impugned. Since the matter has been settled between the parties in terms of settlement, the following order is passed.

i) The appeal is partly allowed.

ii) The judgment and decree passed by the First Appellate Court is hereby quashed and set aside.

iii) The decree in terms of settlement agreement be drawn accordingly.

2.

The appeal is disposed of.

JUDGE Tambe