Letters Patent Appeal disposed of based on a compromise agreement where appellants undertook to vacate suit premises and the respondent agreed to withdraw her civil suit.
Appellants to vacate premises by 30.06.2015; Respondent to withdraw pending suit; No mesne profits claimed.
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LPA117-05
1
FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
LETTERS PATENT APPEAL NO. 117/2005 IN W.P. 2836/1990 (D)
(M.G. BHANGDE THR. L.R.S SMT.P.M. BHANGDE & OTHERS VERSUS DR.MRS.PRABHA BHATTACHARYA)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
CORAM : B.R. GAVAI AND MRS. MRIDULA BHATKAR, JJ.
DATE : JANUARY 9, 2015.
The parties have filed C.A.Z. No.1/2015 for recording the compromise as arrived between the parties.
I) It has been agreed between the parties that the appellants shall vacate the suit premises on or before 30.06.2015.
II) It has been further agreed between the parties that the appellants shall vacate pay the rent regularly and will not create any third party interest in the suit premises.
III) It has been further agreed between the parties that the respondent will not claim mesne profits, damages, etc. for the appellants.
IV) It has been further agreed between the parties that the respondent will withdraw the suit bearing Regular Civil Suit No.348 of 2008 pending before the Additional Small Causes Court, Nagpur after vacating the premises by the appellantsdefendants and handing over possession to the respondentplaintiff.
LPA117-05
2
The undertakings in the application are treated as the undertakings in this proceedings. It is made clear that the appellants shall in any event handover the vacant and peaceful possession of the suit property to the respondent-plaintiff on or before 30.06.2015.
The appeal is, therefore, disposed of in terms of the compromise, which is put on record by way of C.A.Z. No.1/2015. In the facts of the case, there would be no order as to costs.
JUDGE JUDGE
APTE
M.G. Bhangde Thr. L.R.S Smt.P.M. Bhangde & Others
Dr.Mrs.Prabha Bhattacharya
B.R. Gavai
Mridula Bhaktar
As recorded by the court registry
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