Uttam Baburao Shinde v. Subhedar Rajaram Shinde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.868 OF 2007 WITH CROSS OBJECTION (ST.) NO.10974 OF 2008 Uttam Baburao Shinde ...Appellant

Versus

Subhedar Rajaram Shinde

...Respondent

Ms. Bhavna Raj Khemani, Advocate for Appellant Mr. S.M. Kamble, Advocate for Respondent.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

6th August 2025 P.C.:

1.

Ms. Bhavna Khemani, learned Counsel appearing for the Appellant and Mr. Kamble, learned Counsel for the Respondent state that the parties have settled the dispute before Mahatma Gandhi Tantamukt Gaon Samittee, Anwadi, Taluka Wai, DistrictSatara. Both the learned Counsel state that this Second Appeal be disposed of in terms of the said settlement (rMtksMukek) dated 17th July 2025. Learned Counsel state that both the Appellant and the Respondents are present in Court.

2.

Appellant- Uttam Baburao Shinde, Respondent No.1B- Vijay Subhedar Shinde, Respondent No.1C- Udaysinh Subhedar Shinde,

Respondent No.1D- Sanjay Subhedar Shinde, Respondent No.1EGulabsinh Subhedar Shinde and Respondent No.1F - Manda Mohan Dhumal are personally present in Court. Respondent No.1A- Sulochana Subhedar Shinde has passed away and accordingly, her name is deleted from the array of the parties. 3.

All the parties state that the dispute between the parties is settled in terms of the said compromise deed dated 17th July 2025 executed before Mahatma Gandhi Tantamukt Gaon Samittee, Anwadi, Taluka Wai, District- Satara. The said compromise deed is executed by all the parties to the Second Appeal. It bears signatures of all the parties and their respective Advocates. Accordingly, the said compromise deed dated 17th July 2025 is taken on record and marked "X" for identification. Scanned copy of the same is reproduced hereinbelow:-

4.

Accordingly, by consent of the parties, Judgment and Decree dated 30th August 1997 passed by the learned Civil Judge, Senior Division, Satara in Special Civil Suit No.153 of 1990 as well as Judgment and Decree dated 18th April 2007 passed by the learned 5th Ad hoc District Judge, Satara in Regular Civil Appeal No.327 of 1998 are quashed and set aside and said Special Civil Suit No.153 of 1990 is decreed in terms of settlement deed dated 17th July 2025.

5.

Accordingly, the Second Appeal as also Cross-Objections are disposed of in above terms, with no order as to costs. (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2025.08.07 18:50:27 +0530