Shivaji Shahu Bhore v. Dhanaji Shivdas Gund And Others

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION SECOND APPEAL STAMP NO. 18681 OF 2014 WITH CIVIL APPLICATION NO.1119 OF 2014 Shivaji Shahu Bhore .. Appellant Vs.

Dhanaji Shivdas Gund and others .. Respondents Mr.Abhijit P.Kulkarni, Advocate for the Appellant. Mr.S.A.Tarale, Advocate for Respondents No.1 & 5A. Mr.Manoj M.Badgujar, Advocate for Respondents No.2, 3A to 3D & 4, 19 to 21.

CORAM :

R. G. KETKAR, J.

DATE : 06th MAY, 2015 P.C. :

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Not on board. At the request of Mr.Abhijit P.Kulkarni, taken up in the Production Board.

2.

Heard Mr.Abhijit P.Kulkarni, learned Counsel for the appellant, Mr.S.A.Tarale, learned Counsel for the respondents No.1 & 5A and Mr.Manoj M.Badgujar, learned Counsel for respondents No. 2, 3A to 3D & 4, 19 to 21.

3.

Mr. Kulkarni orally prays for deleting the respondents No. 6 to 18. On the oral application made by the Mr.Kulkarni, leave to delete the respondents No. 6 to 18 is granted at the risk of the applicant. Amendment shall be carried out forthwith. 4.

Mr.Kukarni submitted that the parties have amicably settled the controversy. Learned Counsel appearing for the parties 1/3

have tendered the consent terms dated 06/05/2015 entered into between appellant and respondents No. 1, 2, 3A to 3D, 4, 5A, 19 to 21 along with notorized compromise terms as also photocopies of identify cards and power of attorney. The same are taken on record and marked 'X' collectively for identification. Learned Counsel appearing for the parties state that appellant and respondents No. 1, 3B, 5A and 19 are present in the Court. Respondent No. 3B is power of attorney holder of respondents No. 2, 3A, 3C, 3D and 4. respondent No. 1A is power of attorney holder of respondents No. 20 & 21. Learned Counsel appearing for the parties have tendered photocopies of their identity cards. They admit and confirm the correctness of the consent terms. Learned Counsel appearing for the parties state that Appeal my be disposed of in terms of the consent terms. Consent terms are duly signed by the parties and their advocates.

5.

After perusing the consent terms, I am satisfied that the controversy between the parties is amicably and lawfully settled in terms of the consent terms. In view thereof, Appeal is disposed of in terms of the consent terms. Decrees passed by the Courts below shall stand substituted in terms of the consent terms and the decree shall be drawn up accordingly. The decree stands satisfied to the extent of shares of the parties to the compromise terms. (R. G. KETKAR, J.) 2/3

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