A second appeal was disposed of based on a compromise deed tendered by the parties, involving a partition suit. Formal parties and an aged appellant were noted, and the appeal was dismissed in terms of the settlement.
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400.95sa
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SECOND APPEAL NO. 400 OF 1995 WITH
CIVIL APPLICATION NO. 5305 OF 2011
1.Ramchandra s/o Natha Gondhkar,
Age: 60 years, Occu: Agril.
Died thr. L.Rs.
(Amended as per the leave
granted by this Hon'ble High
Court by order dated 19-11-2009
passed in CANO 115/2002 in SANO
400/95)
1-A.Savleram s/o Ramchandra Gondhkar,
Age: 45 years, Occu: Agri.
1-B.Bhaskar s/o Ramchandra Gondhkar,
Age: 43 years, Occu: Agri.,
Died thr. L.Rs.
(Amended as per the leave
granted by this Hon'ble High
Court dated 06/07/2010 passed in
CANO 7600 of 2010 in SANO 400/95)
1-B-1.Santosh Bhaskar Gondhkar,
Age: 16 years (minor)
1-B-2.Amol Bhaskar Gondhkar,
Age: 14 years (minor),
Both minors through Guardian
Uncle i.e. applicant/appellant
No.1-A
Both R/o Shirdi, Tq. Kopargaon,
Dist. Ahmednagar
1-C.Nana s/o Ramchandra Gondhkar,
Age: 40 years, Occu: Agril.
1-D.Babasaheb s/o Ramchandra Gondhkar,
400.95sa
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Age: 37 years, Occu: Agril.
1-E.Raosaheb s/o Ramchandra Gondhkar,
Age: 45 years, Occu: Agril.,
All R/o Shirdi, Tq. Kopargaon,
Dist. Ahmednagar
2. Sau. Anjanabai w/o Ramchandra Gondhkar, Age: 55 years, Occu: Agril., Both R/o Shirdi, Taluka Kopargaon, Dist. Ahmednagar ..APPELLANTS VERSUS
1. Kacharu Ramchandra Gondhkar, Age: 33 years,
2. Manjulabai w/o Ramchandra Gondhkar, Age: 57 years, not admitted by appellants
3. Sawaleram Ramchandra Gondhkar, Age: 37 years
4. Bhaskar Ramchandra Gondhkar, Age: 34 years
5. Nana Ramchandra Gondhkar, Age: 31 years
6. Babasaheb Ramchandra Gondhkar, Age: 30 years
7. Raosaheb Ramchandra Gondhkar, Age: 22 years (R.Nos.3 to 7 transposed as L.Rs. Of appellant No.1 as per Court's order dated 19/11/2009 passed in C.A.No. 7115/2002)
8. Trimbak Natha Gondhkar, Age: 72 years, Died, thr. L.Rs.
400.95sa (3)
(Amendment made as per Court's
order dtd. 24/3/98 passed in
CANO 906/97)
a)Dashrath Trimbak Gondhkar,
Age: Major, occu: Agril.,
R/o Shirdi, Tal. Kopargaon,
Dist. Ahmednagar
b)Sau. Vithabai Maliram Dhanwate,
Age: Major, Occu: Agril.,
R/o. Ekrukhe, Tal. Kopargaon,
Dist. Ahmednagar
c)Sau. Prayagbai Sukhdeo Nirmal,
Age: Major, Occu: Agril.,
R/o Pimpri-Nirmal,
Tal. Sangamner
d)Sau. Pramilabai Babasaheb Shelke,
Age: Major, Occu: Agril.,
R/o Wakdi, Tal. Shrirampur
9.Bhausaheb Natha Gondhkar,
Age: 50 years,
Died Thr. L.Rs.
a)Chandrakant Bhausaheb Gondhkar,
Age: Major, Occu: Agril.,
R/o. Shirdi, Tal. Kopargaon
b)Shashikant Bhausaheb Gondhkar,
Age: Major, Occu: Agril,
R/o as above
c)Tarabai Balasaheb Mokate,
Age: Major, Occu: Agril.,
R/o Brahmani, Tal. Rahuri,
Dist. Ahmednagar
d)Sau. Kusumbai Nivrutti Thorat,
Age: Major, Occu: Agril.,
R/o. Wadgaon-Pan, Tal. Sangamner,
Dist. Ahmednagar
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400.95sa
e)Sau. Latabai Prakash Gholap,
Age: Major, Occu: Agril.,
R/o. Hanadgaon, Tal. Shrirampur,
Dist. Ahmednagar..RESPONDENTS
Mr A. B. Gatne, Advocate for appellant Nos.1A, 1B-1
to 1E;
Mr S. K. Shinde, Advocate for appellant No.2;
Mr V. S. Bedre, Advocate for respondent Nos.1 & 2
CORAM : N.W. SAMBRE, J.
DATE : 27th JULY, 2017
ORAL ORDER :
Joint request is made by respective
Counsel that respondent Nos. 8 and 9 being formal
party be deleted from the second appeal. The
request is accepted. Respondent Nos. 8 and 9
through their legal heirs are permitted to be
deleted at the risk and peril of the appellants and
respondents.
2.Amendment be carried out forthwith.
3.AppellantNo.1-B-1 SantoshBhaskar
Gondhkar is though shown to be minor in the cause
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title, is informed to have attained the majority
and is personally present in the Court and is
identified by Mr. Gatne, learned Counsel for the
appellants.
4. Appellant No.1-B-2 Amol Bhaskar Gondhkar
is reported to be dead without leaving any legal
heir. As such, he be deleted from the array of
appellants forthwith.
5.Appellant No. 2 Sau. Anjanabai w/o
Ramchandra Gondhkar and respondent No.2 Manjulabai
w/o Ramchandra Gondhkar, who are quite old aged,
are personally present in the Court and are
identified by their respective Counsel and
appellants and respondents.
6.Parties hereto have tendered settlement
deed. Each of the party is personally present and
endorsed to what has been reduced into writing in
the compromise deed. Joint request is made that
present second appeal be disposed of in terms of
400.95sa
compromise deed. As the appellants and respondents,
who are identified by their respective Counsel,
have admitted the contents of compromise deed,
second appeal stands disposed of in terms of
compromise deed. Decree be drawn up accordingly.
7.In view of final disposal of Second
Appeal, Civil Application stands disposed of.
Tupe
Anjanabai w/o Ramchandra Gondhkar
Santosh Bhaskar Gondhkar
Ramchandra Gondhkar
Manjulabai w/o Ramchandra Gondhkar
N.W. SAMBRE
As recorded by the court registry
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