Shri Shaligram Nathuji Lande (Koli) And ... vs Smt. Shailaja Dattaraya Palsodkar And ...
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Bombay High Court

Shri Shaligram Nathuji Lande (Koli) And ... vs Smt. Shailaja Dattaraya Palsodkar And ... on 11 February, 2025

2025:BHC-NAG:1122


                                                       1                 1-sa-516-18j.odt



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       NAGPUR BENCH, NAGPUR

                                     SECOND APPEAL NO. 516 OF 2018

                    1. Shri Shaligram Nathuji Lande (Koli)
                       Aged 59 years, Occ. Labourer

                    2. Shri Tulshiram Nathuji Lande (Koli)
                       (deceased) through LRs.
                       Dnyaneshwar Tulshiramji Land (Koli)
                       Aged 35 years, Occ. Labourer

                       Both R/o. Palsod, Tq. Akot, Dist. Akola.     . . . APPELLANTS

                                 // V E R S U S //

                    1. Smt. Shailaja Dattaraya Palsodkar
                       Aged 76 years, Occ. Household
                       R/o. Palsod, Tq. Akot, Dist. Akola.

                    2. Satish Dattatraya Palsodkar,
                       Aged 59 years, Occ. Service

                    3. Prakash Dattatraya Palsodkar,
                       Aged 57 years, Occ. Service,

                       Nos. 2 and 3 R/o. Samruddhi Apartment,
                       Vaishali Nagar, Sevagram Road, Wardha,
                       Tq. and Dist. Wardha.

                    4. Sau. Ranjana Rajendra Kulkarni,
                       Aged 76 years, Occ. Household,
                       R/o. Dombivai, Tq. & Dist. Thane.

                    5. Vilas Dattatraya Palsodkar,
                       Aged 50 years, Occ. Service
                       At Quarter No. M-7/E-4L, Lyods Nagar,
                       Bhugaon, Wardha, Dist. Wardha.

                    6. Atul Dattatraya Palsodkar,
                       Aged 44 years, Occ. Service
                       R/o. Samrudhi Apartment, Vaishali Nagar
                       Wardha, Tq. & Dist. Wardha.                . . . RESPONDENTS
                                                  2                               1-sa-516-18j.odt



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Shri V. B. Bhise, Advocate for appellants.
Shri R. G. Kavimandan, Advocate for respondent no. 1/Caveator.
-----------------------------------------------------------------------------------------------
                 CORAM :-         M. W. CHANDWANI, J.

                 DATED :- 11.02.2025

ORAL JUDGMENT :-

Heard.

2. On oral motion, leave to correct the name of respondent

no. 6 in the paper-book is granted. The correction to be carried out

forthwith.

3. The matter was referred for mediation. Learned Mediator

filed its report alongwith the compromise agreement dated 31.01.2025

executed between the parties. Appellant no. 1- Shaligram Nathuji

Lande (Koli) and appellant no.2- Dnyaneshwar Tulshiramji Lande

(Koli) are present in the Court today. They admit execution of the

compromise agreement and the terms contained therein. Respondent

no. 5- Vilas Dattatraya Palsodkar is also physically present. He is also

the power-of-attorney holder of respondent no. 1- Smt. Shailaja

Dattaraya Palsodkar, his mother. The power-of-attorney dated

24.01.2025 is taken on record and marked 'X' for identification. The

other respondent nos. 2, 3, 4 and 6 appeared through Video 3 1-sa-516-18j.odt

Conferencing. They admit execution of the compromise agreement and

the terms contained therein.

4. In view of the compromise agreement dated 31.01.2025,

the matter stands settled between the parties. In the aforesaid

background, in my opinion, the Second Appeal deserves to be disposed

of in terms of Order 23, Rule 3 of the Code of Civil Procedure, 1908.

Therefore, I proceed to pass the following order:-

                               i)          The appeal is partly allowed.



                               ii)         In wake of the compromise between the parties, the

judgment and decree dated 22.02.2016 passed by the 2nd Joint Civil

Judge Junior Division, Akot, District Akola in Regular Civil Suit No.

84/2009, which is also confirmed by the District Judge-1, Akot, District

Akola vide judgment and decree dated 08.05.2018 in Regular Civil

Appeal No. 14/2016 is hereby quashed and set aside.

iii) The decree be drawn in terms of the compromise

agreement dated 31.01.2025 annexed with the mediation report.

(M. W. CHANDWANI, J.)

Signed by: Mr. Rajnesh Jaiswal RR Jaiswal Designation: PA To Honourable Judge Date: 14/02/2025 16:56:25