1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Civil Application (F) No. ------2011 in First Appeal St. No. 16198/2009 Shri Vijay @ Bandu s/o Govinda Bhogekar Vs. Kr. Priya d/o Vijay Bhogekar and others. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. H. D. Dangre, Advocate for the appellant/applicant. Mr. P. G. Anandikar, Advocate for respondents 1 and 2. Mr. V. S. Dhote, Advocate for respondents 4 and 5. CORAM : R.M. SAVANT, J. DATED :17/1/2011. The above civil application has been tendered across the bar at the time of hearing of Civil Application No. 337/2010, which has been listed for orders today. The above civil application (unnumbered) has been filed for deleting respondent no.3 i. e. the original defendant no.3 Ramesh Govinda Bhogekar from the array of respondents. It is the case of the applicant/appellant that the said respondent no.3 was inadvertently joined when in fact the suit against him has been dismissed prior to passing of the decree. The said civil application is, therefore, allowed. The respondent no.3 i. e. defendant No. 3 Ramesh Govinda Bhogekar is allowed to be deleted at the risk of the applicant. 2 Civil Application is accordingly disposed of. CAF Nos. 698/2010, 699/2010 and 700/2010 In view of the orders passed in the Civil Application (unnumbered) today permitting the applicant/appellant to delete respondent no.3, the above civil applications for bringing legal heirs of deceased respondent no.3 on record and the civil application for setting aside abatement for bringing legal heirs of deceased respondent no.3 on record have become infructuous. Accordingly, the civil applications to stand disposed of as such. Civil Application F. No. 337/2010 The parties i. e. original defendant no.1, who is the applicant/appellant and the original plaintiff nos. 1 and 2, who are the original respondents 1 and 2 to the above application and First Appeal have arrived at a compromise, which has been reduced into writing in the form of an application under Order XXIII Rule 3 of Code of Civil Procedure. The parties are also personally present in the Court. In terms of Clause 3 of the Civil Application, the parties have mutually agreed to have the decree modified in terms of Clause (i) to (iv) of the said Clause 3. In terms of Clause 4, the respondents 1 and 2 have agreed to withdraw the pending Execution 3 proceedings arising out of the impugned judgment and order with liberty to file afresh if compromise is not executed. The said compromise application has also been signed on behalf of the respondents 4 and 5, who are not the contesting parties. The respondent Nos. 6 and 7 are formal parties. In terms of the said averments, the civil application is allowed. Resultantly, delay in filing the above First Appeal stands condoned. Both the applications to be got registered by learned counsel for the applicant/appellant by 20th January 2011. First Appeal St. No. 16198/2009 First Appeal St. No.16198/2009 stands disposed of in terms of the compromise which is incorporated in the civil application as mentioned above. Decree to be drawn up accordingly. First Appeal disposed of. JUDGE Ambulkar