Shahabai Gulab Jedhe And Others vs Sangita Dattatraya Parkale
2021 Latest Caselaw 16701 Bom

                                                             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



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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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