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Bombay High CourtCAS/1189/2018ca disposed off

Arunkumar S/O Narayandas Chourasiya And ANR v. Smt. Pushpa W/O Manoharrao Dashputre And Oths

2018-09-19Hon'Ble Shri Justice A.S. Chandurkar1 pages

SA379-11 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 379/2011 (ARUNKUMAR NARAYANDAS CHOURASIYA & ANR VERSUS PUSHPA MANOHARRAO DASHPUTRE & ORS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.V. Bhangde, counsel for the appellants. Shri P.A. Markandeyawar, counsel for the R-1. Shri J.L. Bhoot, counsel for the R-2(i) to R-2(v). CORAM : A.S. CHANDURKAR, J.

DATE : SEPTEMBER 19 , 2018.

C.A.S. NO.1188/2018.

Perused contents of application. The same is allowed in terms of its prayer. Application is disposed of. C.A.S. NO.1189/2018 AND S.A. NO.379/2011.

By this application, the parties jointly pray that the compromise arrived at between them be recorded. The suit as filed was for partition and separate possession. During pendency of the appeal, the appellants as well as respondent nos.2 and 3 have jointly paid an amount of Rs.9,00,000/- to the respondent no.1 and in lieu thereof, the respondent no.1 has relinquished her share in the suit property. The respondent no.1, who is the original plaintiff therefore seeks permission to withdraw the suit. The compromise application is signed by all parties. In view thereof, the Second Appeal is disposed of in aforesaid terms. Special Civil Suit No.1146 of 1995 stands withdrawn as compromised. Civil application stands disposed of. JUDGE APTE