1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 437 OF 2009 Ganpat s/o. Dhondiram Bhagwat, R/o. Akharbag, Navi Peth, Pathardi, Tq. Pathardi, Dist. Ahmednagar, ....Appellant. Versus Smt. Seema w/o. Pramod Bhagwat, R/o. Avantinagar Row Housing, Old Puna Naka, Solapur. and another ....Respondents. Shri. N.K. Kakade, Advocate for the appellant. Shri. S.S. Jadhavar, Advocate for the respondents. CORAM : R.M. BORDE, J. DATE : 26th February, 2010 ORAL ORDER : 1. Heard the learned counsel for the parties. 2. The parties have settled their dispute amicably. The respondents/original plaintiffs instituted suit, claiming maintenance amount from the appellant herein. Initially suit was dismissed by the trial Court whereas the appeal presented by the respondents came to be 2 allowed and the plaintiffs were held entitled to receive maintenance amount to the tune of Rs. 1500/- per month from the date of presentation of the suit. The original defendant has presented the instant appeal and the same is pending. 3. In view of the settlement reached between the parties, the appellant/original defendant has agreed to pay sum of Rs. 1,00,00/- to the plaintiffs/respondents herein and demand draft for an amount of Rs. 1,00,000/- has already been handed over to the original plaintiffs. Both the parties are present before the Court and they admit the contents noted in the terms of settlement deed. The counsel appearing for the respective parties are also present before the Court and have signed the terms of settlement. The plaintiff No. 2/respondent No. 2 is a minor and in order to safeguard the interest of minor, the amount received by the plaintiff No. 1 on her behalf needs to be kept in fixed deposit for the benefit of the minor. The plaintiff No. 1/respondent No. 1 herein has agreed to keep the amount of Rs. 1,00,000/- in fixed deposit for a period of five years in the name of minor plaintiff No. 2. It is also observed on perusal of the terms of compromise that the plaintiffs/respondents herein have received sum of Rs. 1,50,000/- on account of settlement reached in Special Civil Suit No. 96/2005. The plaintiffs are free to utilize said amount for satisfying their needs. 4. In view of the reasons recorded above, the appeal needs to be 3 disposed of in view of the settlement reached between the parties. The appeal is, accordingly, allowed and the decree passed by the District Judge - 3, Ahmednagar in Regular Civil Appeal No. 133/2004 is quashed and set aside and the same is substituted by the terms of compromise. No order as to costs. [ R.M. BORDE, J. ] ssc/sa437.09