Sushma @ Sulbha Ganesh Jaiswal vs Ashok Shalikram Jaiswal And ...
2021 Latest Caselaw 15675 Bom

                                      1                907-FA.1278-14.odt

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

              907 FIRST APPEAL NO.1278 OF 2014
     WITH CA/8753/2018 IN FA/1278/2014 WITH CA/6098/2014
                       IN FA/1278/2014

                SUSHMA @ SULBHA W/O GANESH JAISWAL
                              VERSUS
                ASHOK SHALIKRAM JAISWAL AND OTHERS.

                                      ...
                  Advocate for Appellant : Mr. V. R. Dhorde.
          Advocate for Respondent Nos.1 to 4 : Mr. R. R. Sawant h/f
                               Mr. H. S. Surve.
                                      ...

                               CORAM : RAVINDRA V. GHUGE, AND
                                       S. G. MEHARE, JJ.

                               DATE   : 29.10.2021


     PER COURT (Per S. G. Mehare, J.) :-


     1.      The appellant-sister has preferred this present appeal

     against the judgment and decree passed by the learned 2 nd

     Joint Civil Judge (Senior Division), Aurangabad in Special Civil

     Suit No.371 of 2012, dated 29.04.2014.


     2.      On notice, the respondents were appeared.


     3.      The appellant and the respondents have settled the

     dispute and submitted the consent terms, which is marked as




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                                           2                 907-FA.1278-14.odt

     'X-1' for identification. In view of the order of this Court, dated

     27.10.2021, the settlement terms have been verified by the

     Registrar (Judicial). It is marked as 'X-2' for identification.


     4.      The parties have arrived at amicable settlement in view

     of the settlement terms 'X-1". Hence, the following order :


                                         ORDER

(i) The judgment and decree passed by the learned 2nd

Joint Civil Judge (Senior Division), Aurangabad, in

Special Civil Suit No.371 of 2012, dated

29.04.2014 is quashed and set aside.

(ii) The decree be drawn up accordingly, in terms of

settlement 'X-1'.

(iii) Settlement terms 'X-1' shall be part and parcel of

decree.

(iv) The learned 2nd Joint Civil Judge (Senior Division),

Aurangabad is directed to sent the decree to the

office of the Sub Registrar, Aurangabad for

registration according to law.

                                          3                  907-FA.1278-14.odt

            (v)      The Court fee, if any refundable, be refunded

according to the provisions of law.

(vi) Record and Proceeding be returned to the Court of

first instance.

(vii) Pending Civil Applications, in the above

circumstances, do not survive and stand disposed

off).

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)

...

vmk/-