Judgment
SA596.17 21
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
SECOND APPEAL NO.596 OF 2017
Digambar Namdeorao Sulakhe,
Aged about 56 years, Occupation Business,
R/o Chikhli, Taluka Chikhli, District
Buldana. ..... Appellant.
:: VERSUS ::
Arvind Sakharamappa Jirwankar,
Aged about 50 years, Occupation Business,
R/o Chikhli, Taluka Chikhli, District
Buldana. ..... Respondent.
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Shri H.D. Futane, Counsel for the appellant.
Shri R.G. Kavimandan, Counsel for the respondent.
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CORAM : V.M. DESHPANDE, J.
DATE : OCTOBER 13, 2017. ORAL JUDGMENT
1. Both learned counsel for the parties are permitted to correct the typing mistake that occurred in paragraph No.4 at page No.3 of Civil Application No.1157 of 2017.
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2. Heard learned counsel Shri H.D. Futane for the appellant and learned counsel Shri R.G. Kavimandan for the respondent.
3. The appeal is filed by the original defendant.
4. The respondent plaintiff filed a suit for injunction against the appellant defendant claiming permanent injunction that the appellant defendant shall not alienate or dispose of the suit property that is Plot No.1868, Ward No.19, CTS No.46 situated at Mouza Chikhali which is more particularly described in the plaint. The suit was registered as RCS No.19 of 2005. The suit was dismissed by judgment and decree passed by learned Magistrate at Chikhali on 12.8.2008.
5. Feeling aggrieved by the said decree, respondent plaintiff preferred an appeal in the Court of learned Principal District Judge at Buldana. The said was registered as Regular Civil Appeal No.103 of 2008 and vide judgment and decree dated 14.8.2015 the lower appellate court allowed the appeal and thereby set aside the judgment and decree dated 12.8.2008 passed in RCS No.19 of 2005. The lower .....3/-
::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:49:07 ::: Judgment SA596.17 21 3 appellate court also granted injunction in favour of the respondent plaintiff thereby restraining the appellant defendant, his heirs or anybody on his behalf permanently from alienating, mortgaging, and disposing the suit property in any manner.
Feeling aggrieved thereby, the present appeal is filed.
6. The appeal was barred by limitation and, therefore, application for condonation of delay was filed. The said application for condonation of delay was allowed by this Court on 7.6.2017.
7. Learned counsel Shri R.G. Kavimandan appears for the respondent plaintiff.
8. Learned counsel Shri H.D. Futane for the appellant defendant and learned counsel Shri R.G. Kavimandan for the respondent plaintiff submit that during the pendency of the present second appeal, parties to this appeal have amicably settled the dispute out of the Court and, therefore, they moved a joint application under .....4/-
::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:49:07 ::: Judgment SA596.17 21 4 Order XXIII Rule 3 of the Code of Civil Procedure for recording compromise decree. The said application is duly affirmed by appellant defendant Digambar Namdeorao Sulakhe and respondent plaintiff Arvind Sakharamappa Jirwankar.
9. Both of them are personally present in the Court. They are duly identified by their respective learned counsel.
10. According to compromise arrived in between them, the appellant defendant handed over Pay Order of Rs.2.00 Lacs to respondent plaintiff Arvind Sakharamappa Jirwankar. In receipt of the said amount, respondent plaintiff Arvind Sakharamappa Jirwankar denounces his all claims in respect of the suit property.
11. In that view of the matter, the second appeal is allowed.
12. Judgment and decree passed the lower appellate court is hereby set aside. Instead of that, there shall be compromise decree in terms of application under Order XXIII Rule 3 of the Code of Civil .....5/-
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13. The decree be drawn accordingly. No order as to costs.
14. The second appeal and civil application are disposed of accordingly.
JUDGE !! BRW !! ...../-
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