Bombay High Court
Shahabai Gulab Jedhe And Others vs Sangita Dattatraya Parkale on 2 December, 2021
Bench: V. V. Kankanwadi
910-sa-455-2015 with ca.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
910 SECOND APPEAL NO.455 OF 2015
WITH CA/11103/2015 IN SA/455/2015
SHAHABAI GULAB JEDHE AND OTHERS
VERSUS
SANGITA DATTATRAYA PARKALE
...
Advocate for Appellants : Mr. Pandule A. Y.
Advocate for the Respondent : Mr. Kakde Yuvraj V.
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 02.12.2021
ORDER :-
. Parties have arrived at compromise and the compromise terms are
produced in writing, which is now marked as Exhibit-'X'. The verification
has been got done through the learned Registrar (Judicial) and he has
filed report stating that the parties had put their thumb marks and they
have admitted the contents. The appellants were the original plaintiffs,
who had filed suit for partition and separate possession. That suit was
decreed and thereafter, original defendant filed Regular Civil Appeal
No.18 of 2011, which came to be allowed by setting aside the judgment
and decree passed by the leaned Trial Judge in Regular Civil Suit No.188
of 2006, thereby the suit was dismissed. Hence, the second appeal was
filed. Now, the parties have arrived at the compromise. As per the
(1)
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910-sa-455-2015 with ca.odt
compromise, it has been stated that the original defendant present
respondent would surrender and give-up her rights in the suit land in
favour of appellant No.2 in lieu of payment of amount of Rs.8,62,000/-.
It also appears that a demand draft to that effect was given by plaintiff
No.2. Further, appellant Nos.1 and 3 have decided to surrender their
respective shares in favour of plaintiff No.2 - appellant No.2. Under
such circumstance, the compromise decree, that would be passed now,
will have to be sent to Sub Registrar, Ashti, Dist. Beed or any such
competent authority having jurisdiction over the lands situated at village
Pimpri (Ghumri), Tq. Ashti, Dist. Beed under the Indian Registration Act
in view of Maharashtra Amendment to Section 17 of the Indian
Registration Act. With these observations, following order is passed :-
ORDER
I) The Second Appeal stands partly allowed.
II) The judgment and decree passed by learned Civil Judge
Junior Division, Ashti, Dist. Beed in Regular Civil Suit No.188 of
2006 on 12.03.2010 and the judgment and decree passed in
Regular Civil Appeal No.18 of 2011 by learned Ad-hoc District
Judge-2, Beed on 30.07.2015 are hereby set aside. Regular Civil
Suit No.188 of 2006 stands decreed in terms of compromise terms
Exhibit- 'X'.
III) The decree be drawn accordingly.
910-sa-455-2015 with ca.odt
IV) The decree so drawn be sent to Sub Registrar, Ashti or any
competent authority under the Indian Registration Act having
jurisdiction over the lands situated in village Pimpri (Ghumri), Tq.
Ashti, Dist. Beed for its registration, if any, as per the law.
V) Civil application No.11103 of 2015 stands disposed of.
[SMT. VIBHA KANKANWADI, J.]
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