Kamal Wd/O Madhukarrao Umarkar And Others v. Dadarao S/O Mahadeorao Umarkar (Died) Issueless On 08-08-16, Wife Died Before Him)

1 sa158.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 158/2025 KAMAL WD/O MADHUKARRAO UMARKAR AND OTHERS

VERSUS

DADARAO S/O MAHADEORAO UMARKAR (DIED) BABURAO S/O MAHADEORAO UMARKAR AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mrs.S.W.Deshpande, Advocate for the appellants. Mr.T.S.Dadhe, Advocate for Respondent nos.2 and 3. Mr. Shyam C.Shahu, Advocate for respondent nos. 4 to 6, 7(b) to 7(d).

CORAM: Y. G. KHOBRAGADE, J.

DATED : 22nd APRIL, 2026 1.

In pursuance of the order dated 2nd July, 2025, this Court is in receipt of Mediation Successful Report from the Mediator Mr. S.Y. Deopujari, (Advocate). The said Mediation Report is taken on record and marked Exhibit `X' for identification.

2.

Heard Mrs. S.W.Deshpande, learned counsel appearing for the appellants, Mr.T.S.Dadhe, learned counsel appearing for Respondent nos.2 and 3, and Mr. Shyam C.Shahu, learned counsel appearing for respondent nos. 4 to 6, 7(b) to 7(d).

3.

The appellants as well as respondents are personally present; so also the appellant nos.1 and 2 appeared through Power of Attorney Holder, the appellant no.5 - Ishwar s/o Madhukarrao Umarkar. Respondent nos.7(c) and (d) appeared through their Power of Attorney Holder, 7 (b) Bharat Vasantrao

2 sa158.2025.odt Tatte. Respondent no.6 Onkar Motiramji Umarkar is the Power of Attorney Holder for the respondent no.4 original Decree holder - Respondent no.2 is reprsented through Mr. Kishor Baburao Umarkar.

4.

Perused the Mediation Report.

5.

As per the Mediation Report, the parties to the present appeal have amicable settlement their dispute in terms of (i) to (x), (a) to (d). The said Mediation Report is signed by the respective parties to the present appeal. Since the parties have amicably settled their dispute in terms of Mediation Report Exhibit`X'. Therefore, it will be just and proper to dispose of the present appeal in terms of Compromise Deed/Settlement before the Mediator.

6.

Accordingly, the impugned judgment and decree dated 28.3.2025 passed in Regular Civil appeal No.91/2023 by the learned Additional District Judge1, Warud, District Amravati as well as the judgment and decree passed in Regular Civil Suit No.252/1973 dated 9.3.1987 as well as Regular Darkhast No.16/1996 decided on 28.3.2018 passed by the learned Joint Civil Judge, Junior Division Court no.2 Morshi, District Amravati, are hereby quashed and set aside. The decree be drawn up in pursuance of the Mediation Report/Compromise Deed. There shall be no order as to costs.

(Y.G.KHOBRAGADE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 23/04/2026 14:32:40