Mangalabai Sukhdeo Dahigude vs Suryabhan Tukaram Dhaigude And ...
2021 Latest Caselaw 15947 Bom

                                     (1)


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                     903 SECOND APPEAL NO.173 OF 2009
                                  WITH
                       CA/10886/2021 IN SA/173/2009

             SURYABHAN TUKARAM DHAIGUDE AND ORS
                                 VERSUS
               AASHABAI ABHIMAN DHALGUDE AND ANR
                                    ...
      Advocate for Appellants : Mr. Kuldeep S. Patil, Adv. h/for Mr.
                             S S Choudhari;
               Mr. RD Thorat, Adv. For Resp.Nos. 1 & 2;
           Mr. P.D. Suryawanshi, Adv. For Resp.Nos.3 & 4 .
                                   -----
                               CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 17th November, 2021 PER COURT :-

1. The parties have arrived at compromise and terms of

compromise have been placed on record. Those compromise

terms have been verified through learned Registrar (Judicial).

The said terms of compromise are marked as Exhibit-X for

identification.

2. Original plaintiffs had filed Regular Civil Suit No.

262/1994 for partition and separate possession of the suit

properties. The said suit was decreed by learned Joint Civil

Judge, Junior Division, Kaij, District Beed on 27.11.1997. The

original defendants had filed Regular Civil Appeal no. 1/1998,

which was dismissed by learned District Judge-2, Ambejogai,

District Beed on 30th December, 2008. Now, as aforesaid, the

parties have arrive at the compromise and it appears that they

have got their own shares determined and settled. It is also

stated that Respondent Nos. 3, 4 and 5 waived their rights in

respect of the shares in the suit property, thereby they have

stated that they are relinquishing their shares.

3. Perused the report of the Registrar (Judicial).

4. In view of the compromise terms arrived at between

the parties, referred to above, the Second Appeal as well as the

suit stand disposed of in terms of the compromise. The

judgments and decrees passed by both the Courts below stand

set aside and the suit stands disposed of in terms of the

compromise, specifically the terms which have been agreed by

the parties in respect of giving share as well as relinquishing the

share in the respective suit properties. Decree be drawn

accordingly. The compromise decree be sent to Sub-Registrar,

having jurisdiction over the suit lands for further action to be

taken, if any, as per the law in view of the amendment by the

Maharashtra State to the Registration Act.

5. The Second Appeal stands disposed of. Pending civil

application stands disposed of accordingly.

(SMT. VIBHA KANKANWADI) JUDGE

BDV