Dr. Sureshkumar S/O Hariprasad Betharia v. Dr. Vaijnath Narayanrao Gotephode (Deceased) Thr. Lrs. Smt. Kunda Vaijnath Gotephode And Others

1 sa505.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.505 OF 2018 [Dr. Sureshkumar Hariprasad Betharia .vs. Dr. Vaijnath Narayanrao Gotephode 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 N.L. Jaiswal, Advocate for appellants, Shri R.R. Dawda, Advocate for respondent R-1A & 1B, Ms H.N. Jaipurkar, AGP for respondent no.2.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : MARCH 01, 2019.

This appeal has been preferred by the original defendant no.3. Notice was issued in the present second appeal by this Court on 28.9.2018. On 28.11.2018, at the joint request of the parties, the matter was referred to the learned Mediator Shri J.J. Chandurkar. While passing the said order, this Court observed that the respondent no.3 is not the contesting party and the mediation was allowed to proceed in the absence of respondent no.3. The matter was settled before the learned mediator as the parties arrived at settlement by filing the consent terms before the learned Mediator. The mediator report along with the consent terms is taken on record and marked as Exh. 'X' collectively for identification. In view of the consent terms, the second appeal stands disposed of and the decree be drawn accordingly. Court fee be refunded to the appellant, as per rules, if permissible. Parties to bear their own costs.

JUDGE Gulande