Ramrao Hullappa Naik And ORS v. Laxmibai Balaji Lavte And ORS

2026:BHC-AUG:5129 930 CA NO. 11511 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD SECOND APPEAL (ST.) NO. 8192 OF 2024 Ramrao Hullappa Naik And Ors.

VERSUS

Laxmibai Balaji Lavte And Ors.

...

CIVIL APPLICATION NO. 11511 OF 2024 IN SAST/8192/2024 WITH CIVIL APPLICATION NO. 11512 OF 2024 IN SAST/8192/2024 ...

• Mr. B. N. Gadegaonkar, Advocate for Appellant/Applicant • Mr. V. B. Dhage, Advocate for Respondent Nos. 1 to 4 ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 04.02.2026 PER COURT :

1.

Heard learned counsel for the appellants and the respondents. 2.

Civil Application No. 11511 of 2024 is filed seeking condonation of delay of 84 days caused in filing the Second Appeal. The learned counsel for the parties submit that during the pendency of the proceedings, the dispute between the parties has been amicably settled.

3.

It is submitted that the original suit was filed for partition of ancestral property. The plaintiffs and the defendants have amicably settled the dispute and have executed terms of compromise for Jhs/ 1/2

930 CA NO. 11511 OF 2024 allotment of shares in the ancestral property. The said compromise deed has been verified by the Registrar of this Court, who has submitted a report dated 02.02.2026.

4.

In view of the settlement arrived at between the parties, learned counsel submit that the delay deserves to be condoned and the Second Appeal may be disposed of in terms of the compromise. 5.

Taking into consideration the submissions made and the compromise terms placed on record, the delay of 84 days caused in filing the Second Appeal is condoned. Accordingly, Civil Application No. 11511 of 2024 stands disposed of.

6.

The compromise terms filed on record are taken on record and marked as 'X' for identification. The same shall form part of the order and shall be treated as an undertaking given to this Court. 7.

In view of the compromise arrived at between the parties, the Second Appeal stands disposed of in terms of the compromise. The decree shall be drawn in terms of compromise. 8.

In view of the disposal of the Second Appeal, Civil Application No. 11512 of 2024 does not survive and stands disposed of. ( MEHROZ K. PATHAN, J. ) Jhs/ 2/2