Sau. Megha W/O. Raju Choudhari, And Others v. Smt. Shantabai Wd/O. Vinayakrao Deshmukh, And Another

905-MCA-1003-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (REVIEW) NO.1003 OF 2017 & CAO NO.83 OF 2018 IN SECOND APPEAL NO.450 OF 2015 (D) Megha w/o Raju Choudhari and ors.

-vsShantabai wd/o Vinaykrao Deshmukh and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. C. Dharmadhikari, Advocate for applicants. Shri K. R. Lule, Advocate for non-applicant.

CORAM : A.S.CHANDURKAR, J.

DATE : January 17, 2018 By this miscellaneous application a prayer is made that the judgment dated 10/08/2017 in Second Appeal No.450 of 2015 be reviewed. Though various grounds for seeking review of that judgment have been raised, parties to the litigation have arrived at settlement and they submit that the judgment dated 10/08/2017 be recalled and decree in terms of compromise be passed. Civil application No.83/2018 has been filed by the parties jointly in which it is stated that on account of the understanding entered into between them, the second appeal be disposed of in terms of the compromise. The terms of compromise have been stated in the application from paragraphs 3(I) to (XI). It is agreed by the plaintiffs-applicants as well as the defendants/nonapplicants that the decree passed by the trial Court

905-MCA-1003-17 2/2 dismissing the suit which was confirmed by the first appellate Court and maintained by this Court in the second appeal be set aside and instead the decree be passed in terms of the compromise.

The parties to this compromise are present in Court today. They have been identified by their learned counsel. The present application is also signed by all the parties. I have perused the terms of agreement which I find to be reasonable. In view of aforesaid the following order is passed :

The judgment dated 10/08/2017 in Second Appeal No.450 of 2015 is recalled in view of aforesaid compromise. The Second Appeal is restored. In view of the compromise between the parties, decree is passed in R.C.S. No.04 of 2009 in terms of paragraphs 3(I) to (XI) of Civil Application No.83 of 2018. The aforesaid terms would be binding on the parties.

The Second Appeal is disposed of in aforesaid terms. Decree be drawn accordingly. Similarly the Review application and Civil application are also disposed of.

JUDGE Asmita