Bombay High CourtSA/228/2014dispossed offdismiss for default

Smt. Bebitai Bapurao Mahalley, (Deleted) Smt. Sunandabai Wd/O Gajanan Pande And Others v. Sau. Shewantabai W/O Santoshrao Raut And Others

2017-06-08Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 0806sa228.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.228 OF 2014 SMT. BEBITAI BAPURAO MAHALLEY (DELETED)AND OTHERS VS SAU. SHEWANTABAI W/O SANTOSHRAO RAUT AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. V. Sohoni, Advocate for respondent No.1. CORAM : A.S. CHANDURKAR, J.

DATED : JUNE 08, 2017.

Admit.

Taken up for further consideration.

The proceedings were referred for mediation in view of the nature of dispute between the parties. Pursuant thereto, the parties have arrived at a settlement that has been recorded before the Mediator. The copy of the agreement between the parties dated 17-4-2017 which is duly signed by all parties is placed on record. As per this agreement, the suit properties have been agreed to be divided between Party No.1 and Party No.2 to the agreement.

The respondent No.1 along with her son is present in the Court today. It is informed that the appellants are not available today as they are out of station. Considering the fact that all parties were present before the Mediator and have duly signed the aforesaid agreement, I do not find any difficulty in accepting the settlement of the dispute arrived at

2 0806sa228.14 before the Mediator.

In view of aforesaid, the following order is passed:

The judgment and decree passed in Regular Civil Suit No.330/2001 dated 29-6-2006 and confirmed in Regular Civil Appeal No.105/2006 on 17-9-2013 stands modified. Instead, Regular Civil Suit No.330/2001 is decreed in terms of the agreement between the parties dated 17-4-2017 which is already placed on record. The decree is accordingly passed in terms of the aforesaid agreement dated 17-4-2017. The second appeal is disposed of in terms of aforesaid agreement. No costs.

JUDGE /MULEY/