1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application (caf) No. 2827 of 2011 (In FA No. 439/07) Akshay s/o Subhash Samarth ...Versus... Mukesh s/o Vitthalrao Samarth & ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.V. Purohit Advocate for the applicant. Mr. R.L. Khapre Advocate for Res. no.1. Mr. S.B. Badge Advocate for Res. 3, 3A, 3B & 3C. Mr. S.V. Deshmukh Advocate for Respondent no.4. …. CORAM : A.B. CHAUDHARI, J. DATED : 20.10.2011. Heard. Mr.Purohit, learned counsel for the applicant, states that this application is for deletion of names of respondents 5 to 8 from the array of respondents in view of the statements made in the application, and in particular para 2 thereof. He further submits that respondent no.9 is State Government, which is a formal party and therefore he would also like to delete the said party. Deletion is, therefore, allowed in terms of prayer clause (i) of CAF No. 2827/11 at the risk of the appellant. C.A.F. No. 2827/11 is disposed of. 2 Necessary amendment be carried out forthwith. CAF No. 2826/11 Heard learned counsel for the parties to this appeal. This is an application moved by the appellant and respondents for entering into compromise which has been crystalized in the form of memorandum of understanding annexed with this application. I have gone through the application as well as the said memorandum of understanding (family arrangement). It is signed by all the parties to this appeal. The terms in the memorandum of understanding are reasonable and there does not appear to be any reason not to allow the parties to compromise the litigation. Memorandum of understanding is taken on record and marked “X” for identification. The terms and conditions incorporated in the memorandum of understanding (from running page 9 to page 15) shall form part of compromise. In view of the above, since the parties to the appeal have entered into compromise by settling dispute out of Court, I am inclined to allow CAF No. 2826/11 in terms of its prayer clause and in terms of memorandum of understanding annexed with this application. CAF No. 2826/11 is disposed of. The memorandum of understanding shall form part and parcel of decree. Consequently, F.A. No. 439 of 2007 is 3 disposed of in terms of CAF No. 2826/11 and memorandum of understanding “X”. Decree be drawn up accordingly. Refund of Court-fee as per rules. Judge /TA/