1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.1243 OF 2004 1 Smt.Shardabai w/o Babasaheb Tathe, age: 28 years, Occ: Agril, R/o Deopul, Tq. Kannad, District Aurangabad. 2 Baccha s/o Babasaheb Tathe, age: 10 years, minor u/g of real mother Shardabai w/o Babasaheb Tathe (Appellant No.1). 3 Suwarna d/o Babasaheb Tathe, age: 7 years, minor u/g of real mother Shardabai w/o Babasaheb Tathe (Appellant No.1) 4 Bala d/o Babasaheb Tathe, age: 5 years, minor u/g of real mother Shardabai w/o Babasaheb Tathe (Appellant No.1) Appellants Versus 1 Shankar Laxman Lokhande since deceased, through L.Rs: 1A Wallmik Shankar Lokhande, age: 19 years,; 1B Supdu Shankar Lokhande, age: 16 years, minor, u/g of Respondent No.2. Both R/o Palsi (Khurd), Tq.Kannad, District Aurangabad. 2 Shantabai w/o Shankar Lokhande, 2 age: 67 years, Occ: Agril., R/o as above. 3 Dagdoo s/o Laxman Lokhande, age: 62 years, Occ: Agri., R/o Palsi (Khurd), Tq.Kannad, District Aurangabad. Respondents Mr.V.M.Mane, advocate holding for Mr.V.M.Kendre, advocate for the appellants. Mr.N.G.Kale, advocate for Respondents No.1A & 2. Respondent No.1B served. Respondent No.3 served. CORAM: R.M.BORDE, J. DATE : 15 th October, 2009. P.C.: 1 Appellants seek deletion of name of Respondent No.3 Dagdoo, who died on 04.09.2009 and is not survived by any legal heirs. At the request of learned Counsel for appellants, name of Respondent No.3 is permitted to be deleted. 2 Parties have settled the dispute among themselves. Parties are present before the Court. Respondents admit receipt of amount of Rs. 55,000/- (Rs.Fifty thousand) in terms of settlement. As such, terms of compromise are read and recorded. The terms are duly signed by the learned Counsel representing for respective parties. Terms of compromise are taken on record and marked “X” for identification. 3 In this view of the matter, the judgment and decree passed by 3 Civil Judge, Junior Division, Kannad on 30.11.1999 in Regular Civil Suit No. 56/1995, modified by first appellate Court on 29.11.2002 is quashed and set aside and same is substituted by the terms of compromise. Decree be drawn in terms of compromise. 4 Second Appeal stands disposed of. (R.M.BORDE) JUDGE ******* adb/sa124304