FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- -------- Office notes, office Memoranda of | coram, appearance, court’s orders | Court’s or Judge’s orders. or directions and Registrar’s orders | FAMILY COURT APPEAL NO.24/2009 WITH CIVIL APPLICATION NO. 4340/2010 Shri S.S.Jadhavar,Adv.for appellant. Shri P.M.Gaikwad, Adv. for respondent No.1. .... CORAM : NARESH H. PATIL & N.D.DESHPANDE,JJ. DATE : 30TH MARCH, 2010. 1] The contesting parties are present before the Court. They are represented through their respective counsel. Compromise purshis is taken on record and marked as Exh.X for identification. Compromise purshis is signed by respective counsel and the parties. 2] The mother of the original petitioner-Ashwini Eknath Misal is also present in the Court., 3] Both the parties admitted that they have entered into compromise. The clauses of the compromise are : “i] The appellant is ready and undertake to pay an amount of Rs.45,000/- to the respondent towards marriage expenses. The respondent is ready and undertakes to accept the same as full and final settlement. She undertakes that, she would not claim any further amount from the appellant. ii] The respondent would be entitled to withdrawal of Rs.25,000/- deposited in this Hon’ble Court. Remaining amount would be paid to the respondent in two installments. First installment of Rs.10,000/- would be paid on 05/04/2010 and second installment of Rs.10,000/- would be paid on 05/05/2010.” 4] The order passed by the Family Court, Aurangabad in Family Court Petition No.C-7/06 dated 13/7/2007 is substituted with clauses I and II of the compromise purshis. The judgment and order is modified accordingly. 5] The appellant had deposited Rs. 25,000/- in this Court as per endorsement of Nazir of the High Court dated 6/12/2007. The learned counsel appearing for respondents submits that marriage of the respondent is to be performed in the month of May 2010 and therefore permission may be granted to withdraw the amount. The learned counsel for the appellant has no objection for the same. 6] Respondent Ashwini is permitted to withdraw an amount of Rs.25,000/- deposited in this Court. 7] In case the appellant fails to pay the further 2 installments in time, the respondent Ashwini would be entitled to take appropriate steps to execute the order. 8] Appeal is accordingly disposed of. 9] In view of disposal of Family Court appeal, Civil Application No.8837/07 does not survive and the same is disposed of. [N.D.DESHPANDE] [NARESH H.PATIL] JUDGE JUDGE umg/fca24-09