Sau. Archana W/O Suresh Kudegawe ... vs Dipak S/O Ramchandra Bhong And ...

Citation : 2017 Latest Caselaw 9493 Bom
Judgement Date : 11 December, 2017

Bombay High Court
Sau. Archana W/O Suresh Kudegawe ... vs Dipak S/O Ramchandra Bhong And ... on 11 December, 2017
Bench: A.S. Chandurkar
                                        sas33.17,8858.17&26186.16


                                    1




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH : NAGPUR
                      Second Appeal No. 33 of 2017
                                  with
                     Second Appeal St. 8858 of 2017
                                  with
                   Second Appeal St. No. 26186 of 2016


 A.      Second Appeal No. 33 of 2017 :

 Sanjay Devidas Bukkawar
 aged about 50 years,
 occupation - Agriculturist,
 resident of Ram Mandir Ward,
 Ghatanji,
 Tq. Ghatanji,
 Distt. Yavatmal.                           .....          Appellant
                                                    Org. Deft. No.2


                                  Versus


 1.     Sau. Archana Suresh
        Kudegawe,
        aged about 37 years,
        occupation - Household,




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                                      2



 2.     Hirakant Pandurang
        Kudegawe,
        aged about 40 years,
        occupation - Jweller,

 3.     Smt. Lalitabai Ramchandra
        Bhong,
        aged about 77 years,
        occupation - Agriculturist,

        ....Org. Plaintiffs.

 4.     Dipak Ramchandra Bhong,
        aged about 52 years,
        occupation - Agriculturist,

        ....Org. Deft. No.1.

        all residents of Ghatanji,
        Tq. Ghatanji,
        Distt. Yavatmal.                         .....        Respondents.


                                 *****
 Mr. S. S. Bhalerao, Adv., for the appellant.

 Mr. P. S. Kadam, Adv., for respondent nos. 1 and 2.

 None for respondent nos. 3 and 4.


                                     *****

 B.      Second Appeal St. No. 8858 of 2017 :

 Deepak son of Ramchandra Bhong,
 aged about 57 years,
 occupation - Agriculturist,
 resident of Ambadevi Ward,
 Ghatanji, Tq. Ghatanji,




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                                   3



 Distt. Yavatmal.                             .....          Appellant
                                                      Org. Deft. No.1


                                Versus


 1.     Sanjay Devidas Bukkawar,
        aged about 49 years,
        occupation - Agriculturist,
        resident of Vyankatesh Jweller,
        Main Road, Ghatanji,
        Tq. Ghatanji,
        Distt. Yavatmal.

        ....Org. Plaintiff.

 2.     Hirakant Pandurang
        Kudeganwe,
        aged about 33 years,
        occupation - Jweller,

 3.     Archana Suresh Kudeganwe,
        aged about 25 years,
        occupation - Agriculturist,

        ....Org. Defendant Nos. 2 & 3

        respondent nos. 2 & 3 residents
        of C/o Prafulla Gande,
        opp : Ram Mandir,
        Ghatanji,
        Tq. Ghatanji, Distt. Yavatmal.        .....        Respondents.


                                 *****
 None for the appellant.

 Mr. S. S. Bhalerao, Adv., for respondent no.1.




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                                      4



 Mr. P. S. Kadam, Adv., for respondent nos. 2 and 3.

                                     *****

 C.      Second Appeal St. No. 26186 of 2016 :

 1.      Sau. Archana wife of Suresh
         Kudegawe,
         aged about 37 years,
         occupation - household,

 2.      Hirakant son of Pandurang
         Kudegawe,
         aged about 40 years,
         occupation - Jweler,

         nos. 1 and 2 residents of
         Ghatanji, Tq. Ghatanji,
         Distt. Yavatmal.                        .....             Appellants
                                                                 Org. Pffls.


                                 Versus


 1.     Dipak son of Ramchandra Bhong,
        aged about 59 years,
        occupation - Agriculturist,
        resident of Ram Mandir Ward,
        Ghatanji, Tq. Ghatanji,
        Distt. Yavatmal.

 2.     Sanjay son of Devidas Bukkawar,
        aged about 50 years,
        occupation - Private Business,
        resident of Shivaji Ward,
        Ghatanji, Tq. Ghatanji,
        Distt. Yavatmal.




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        ....Org. Defendants.


 3.     Smt. Lalitabai widow of Ramchandra
        Bhong,
        aged about 77 years,
        occupation - Agriculturist,
        resident of Shivaji Ward,
        Ghatanji, Tq. Ghatanji,
        Distt. Yavatmal.

        ....Org. Plaintiff No.3                           .....        Respondents.


                                *****
 Mr. P. S. Kadam, Adv., for the appellants.

 None for respondent no.1.

 Mr. S. S. Bhalerao, Adv., for respondent no.2.

 None for respondent no.3.

                                         *****


                                     CORAM :           A.S. CHANDURKAR, J.
                                     Date       :      11th December, 2017


 ORAL JUDGMENT:


 01.            Admit.         In view of Report of the Mediator dated 16th

November, 2017, the appeals are taken up for disposal.

02. Suit for declaration of title and permanent injunction was ::: Uploaded on - 13/12/2017 ::: Downloaded on - 14/12/2017 01:47:47 ::: sas33.17,8858.17&26186.16 6 dismissed by the Trial Court. The appellate Court partly allowed the appeal filed by the original plaintiffs and partly decreed the suit.

During pendency of the proceedings, the parties have agreed to resolve their disputes and have accordingly entered into an agreement that is duly signed by all parties on 13th November, 2017.

03. Accordingly, the appeals are disposed of in terms of Agreement dated 13th November, 2017 that is duly signed by all parties and their learned counsel. Decree be drawn in terms of said compromise. Respective appellants would be entitled for refund of Court Fees as per Rules. No costs.

Judge

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