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Bombay High CourtCAS/4/2022allowed

Salubai W/O Chirkuta Nimje And Others v. Lila W/O Janardhan Nimje And Others

2022-04-18Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 26-SA 75.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO. 04 OF 2022 IN SECOND APPEAL NO. 75 OF 2016 Salubai w/o Chrkuta Nimje and others vs.

Lila w/o Janardhan Nimje and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. Raju Dhoble, Advocate for appellants.

Mr. S. B. Bawanthade, Advocate for respondent No.1. Mr. Raju Kadu, Advocate for respondent Nos.3,4 & 5. CORAM :

MANISH PITALE J.

DATE : 18/04/2022 By order dated 20th October 2021, the present matter was referred to Mediation for the parties to explore the possibility of settlement. The learned counsel appearing for the parties informed this Court that the process of Mediation has succeeded in bringing about the settlement, but due to technical difficulty, the same has not fructified into an agreement, which could lead to disposal of the appeal itself. In that light, the present application has been moved on behalf of the appellants seeking deletion of appellant Nos.2a, 2b and respondent Nos.3, 4 and 5 from the present appeal.

KOLHE

2 / 2 26-SA 75.2016 2.

This Court is informed that the said appellants and respondents were not parties to the original suit. The learned counsel appearing for the respondent has no objection to the prayer made in the present application in the backdrop of the fact that the parties have decided to settle their inter se dispute.

3.

Accordingly, the application is allowed in terms of prayer made therein. The appellants are permitted to delete appellants No.2a, 2b as also respondent Nos.3, 4 and 5 in the array of parties. 4.

Amendment to be carried out within a period of one week from today.

5.

Application disposed of.

JUDGE CHANDRAKANT KOLHE 16:59 KOLHE