1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal NO. 234/1987 (Champatrao Vithoba Malode VERSUS Vithoba Malode thr. L.R's Vasant Malode & others) WITH First Appeal NO. 81/1990 (Vasant Vithoba Malode VERSUS Champatrao Vithoba Malode & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.R. Joharapurkar, counsel for the appellant in F.A. 234-97. Shri N.A. Vyawahare, counsel for the appellant in F.A. 81/90. Shri S.Y. Deopujari, Shri A.S. Jaiswal, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 21 , 2010 . Heard. The learned counsel for the parties in both the appeals have presented an application under Order 23 Rule 3 of the Code of Civil Procedure for recording a compromise and passing a compromise decree. The same is accepted on record and marked as Exhibit 'Z' for the purpose of identification. The application for recording of compromise has been signed by the appellants as well as the respondents. The application for recording compromise has been signed by the learned counsel for the appellants and the learned counsel for the respondents to both the appeals. The parties are personally present in the Court today. The parties have stated that they have understood the terms of the compromise and have decided to settle the matter on the terms stated in the compromise. When asked, the parties have stated that they are ad-idem over the terms mentioned in the application for recording of compromise. 2 On perusal of the application and the terms on which the parties have agreed to compromise the matter, it appears that the terms are just and reasonable. In the aforesaid circumstances, it would be necessary to pass the decree in terms of the compromise stated in paragraph 8 of this application. A decree be drawn accordingly in terms of the compromise. The Court fees paid by the appellants may be refunded if admissible as per the Rules. The first appeals are disposed of in terms of the compromise decree. JUDGE APTE