Allowed

Mangalabai Sukhdeo Dahigude v. Suryabhan Tukaram Dhaigude and Ors.

Bombay HC17 Nov 2021CA/10886/2021

Case brief

AI extract

What is this about?

In a second appeal regarding a partition suit where parties reached a compromise verified by the Registrar, the High Court disposed of the appeal, the suit, and the compromise application based on the agreed terms of share determination and relinquishment.

What did the court decide?

The second appeal, suit, and pending application disposed of in terms of the compromise; appeals below set aside; compromise decree to be drawn and sent to Sub-Registrar for registration.

Mangalabai Sukhdeo Dahigude Vs Suryabhan Tukaram Dhaigude and Ors. — Partition | Bombay HC (2021)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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903 SECOND APPEAL NO.173 OF 2009

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WITH

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CA/10886/2021 IN SA/173/2009

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SURYABHAN TUKARAM DHAIGUDE AND ORS VERSUS

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AASHABAI ABHIMAN DHALGUDE AND ANR

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Advocate for Appellants : Mr. Kuldeep S. Patil, Adv. h/for Mr. S S Choudhari;

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Mr. RD Thorat, Adv. For Resp.Nos. 1 & 2; Mr. P.D. Suryawanshi, Adv. For Resp.Nos.3 & 4 .

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 -----

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CORAM: SMT.VIBHA KANKANWADI,J.
DATE : 17th November, 2021

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PER COURT :-

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The parties have arrived at compromise and terms of compromise have been placed on record. Those compromise terms have been verified through learned Registrar (Judicial). The said terms of compromise are marked as Exhibit-X for identification.

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Original plaintiffs had filed Regular Civil Suit No. 262/1994 for partition and separate possession of the suit properties. The said suit was decreed by learned Joint Civil Judge, Junior Division, Kaij, District Beed on 27.11.1997. The original defendants had filed Regular Civil Appeal no. 1/1998, which was dismissed by learned District Judge-2, Ambejogai, District Beed on 30^th December, 2008. Now, as aforesaid, the parties have arrive at the compromise and it appears that they have got their own shares determined and settled. It is also

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(2)

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stated that Respondent Nos. 3, 4 and 5 waived their rights in respect of the shares in the suit property, thereby they have stated that they are relinquishing their shares.

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Perused the report of the Registrar (Judicial).

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In view of the compromise terms arrived at between the parties, referred to above, the Second Appeal as well as the suit stand disposed of in terms of the compromise. The judgments and decrees passed by both the Courts below stand set aside and the suit stands disposed of in terms of the compromise, specifically the terms which have been agreed by the parties in respect of giving share as well as relinquishing the share in the respective suit properties. Decree be drawn accordingly. The compromise decree be sent to Sub-Registrar, having jurisdiction over the suit lands for further action to be taken, if any, as per the law in view of the amendment by the Maharashtra State to the Registration Act.

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The Second Appeal stands disposed of. Pending civil application stands disposed of accordingly.

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(SMT. VIBHA KANKANWADI) JUDGE

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BDV

Mangalabai Sukhdeo Dahigude v. Suryabhan Tukaram Dhaigude and Ors.

Case brief

What is this about?

What did the court decide?

Mangalabai Sukhdeo Dahigude v. Suryabhan Tukaram Dhaigude and Ors.

Case brief

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