Bombay High Court
Manjabai Eknath Shewale L.Rs. Ganesh ... vs Sagunabai Panditrao Anchalwadkar Thr ... on 8 January, 2024
This Order is Speaking to Minutes order of order dated // spk (2).odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.11467 OF 2023
IN
SECOND APPEAL NO.1 OF 2013
MANJABAI EKNATH SHEWALE LRS GANESH AND OTHERS
VERSUS
SAGUNABAI PANDITRAO ANCHALWADKAR THR LRS ASHA
MANOHAR D ANSURE AND OTHERS
...
Advocate for Applicants : Mr. G.S. Shete
Advocate for Respondent Nos.1 to 3, 4/A, 4/B, 5, 6, 7 & 11 : Mr.
Shriram Deshmukh
...
CORAM : S.G. MEHARE, J.
DATED : JANUARY 08, 2024 PER COURT:-
1. This praecipe pertains to the speaking to the minutes of order dated 12.09.2023.
2. The terms of compromise were placed before the Court between the parties to the present appeal and it was marked as 'A-1'.
The learned Registrar (Judicial) has verified the terms of settlement and submitted its report on 07.09.2023. This Court accepted the settlement terms and passed the order that the appeal is allowed in terms of settlement and impugned judgment and decree is set aside.
3. The learned counsels to the compromise petition would submit that one of the party to the original suit and the impugned judgment and decree of the First Appellate Court has preferred a separate appeal which is registered as Second Appeal No.14 of 2013.
This Order is Speaking to Minutes order of order dated // spk (2).odt (2) She is not the party to this compromise. Hence, the observations of setting aside the impugned judgment and decree (in a first appeal) may come into their way. They have requested to modify the order dated 12.09.2023. From the submissions made above, it appears that it was a partial compromise between few parties to the suit.
4. In pursuance of the statement, para 2 of the order is modified as follows :
"The impugned judgment and decree is set aside to the extent of the parties to the settlement terms at annexure 'A-1'.
5. Necessary corrections be carried out and corrected order be uploaded.
6. Praecipe accordingly stands disposed of.
(S.G. MEHARE, J.) Mujaheed// Signed by: Syed Mujaheed Naseer Designation: PA To Honourable Judge Date: 09/01/2024 19:02:24