1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH FIRST APPEAL NO. 423 OF 2005 Suresh s/o. Shrikrishnarao Ballal, age 52 years, occ. service, R/o. 24, Jyoti Nagar, Aurangabad. - - Appellant [ Orig. plaintiff ] versus 1. Anil s/o. Shrikrishnarao Ballal, age 45 years, occ. trade and agriculture, R/o.65, Bhagyanagar, Aurangabad. 2. Smt. Anuradha w/o. Shrikrishnarao Ballal (dead - hence deleted). 3. Smt. Anjali w/o. Avinash Mahajan, age 47 years, occ. household, R/o. Prachi Bungalow,Eldekar Colony, Parbhani. 4. Smt. Vandana w/o. Balkrishna Kulkarni, age 39 years, occ. household, R/o. N-1, Plot No.18, CIDCO, Aurangabad. 5. Smt. Ranjana w/o. Ravindra Saraf, age 34 years, occ. household, R/o. Flat no.2-A, A-Wing, Niwas Maitri behind HDFC house, Nasik. 6. Sau. Anupriya w/o. Anil Ballal, age 40 years, occ. household, R/o. 65, Bhagyanagar, Aurangabad. 2 7. Dwarkabai w/o. Kacharu Singne, age 45 years, occ. household, R/o. Kawadgaon, Jalna. 8. Anitabai Santosh Singne, age 35 years, occ. household, R/o. as above. 9. Dhrupadabai w/o. Bhimrao Singne age 60 years, occ. household, R/o. as above. - - - - Respondents Shri C. R. Deshpande, Advocate with Shri S. K. Kulkarni, Advocate and Shri V. P. Raje, Advocate for appellants. Mrs. S. D. Tambat, Advocate for respondent No.1 and 6. Respondent No.2 deleted. Miss Rashmi P. Hardas, Advocate for respondent No.3. Shri M. G. Deokate, Advocate for respondents Nos.4 and 5. Respondents Nos.7 to 9 served. CORAM: N. D. DESHPANDE, J. Dated : 16th November 2009 PER COURT: 1. Miss Rashmi P. Hardas files Vakalatnama for original respondent No.3 Smt. Anjali w/o. Avinash Mahajan. Party is present. At the same time, learned Counsel for respondent No.3 prayed for setting aside ex parte order passed against respondent No.3. Request is allowed since the parties have decided not to 3 contest the suit but to compromise. Partition suits in fact are meant for compromising and settling the claims after some contest and the time has come. This Vakalatnama is taken on record. Ex parte order is set aside. Respondent No.3 is allowed to participate. 2. All parties to compromise pursis are present before this Court pursuant to the earlier directions of this Court and corrected several illegalities they had committed while presenting their first application for compromise and now came with another compromise pursis afresh. It is taken on record and marked at Exhibit 'X'. 3. Admittedly, the above parties are necessary parties and all of them had claim in the suit property. The defendant No.1 is the main party against whom the claims have been raised by others. Said suit is now allowed to compromise provided it satisfies all necessary conditions of a valid contract. Parties are represented by the lawyers who are already on record. 4. The real contesting defendant is defendant No.1 and defendant No.6 is formal party because she happens to be the wife of defendant No.1 but there is no claim against her or by her. As such, she is excluded from the present suit for partition. The suit 4 against defendant No.6 stands dismissed. 6. Perused compromise pursis which is accepted as application and request for settlement of dispute i. e. First Appeal before this Court for compromise decree in terms submitted in the said application. The said application styled as Compromise Pursis is taken on record and marked at Exhibit `X'. Parties have admitted their signatures. It is also signed by the respective Counsel. It is written in English and understood by them. They agreed that it was drafted as per their agreement and with free consent they accepted said compromise. 7. It is also referred that respondents Nos.7 to 9 are the purchasers of the joint family property which was also challenged by the plaintiff. However, the plaintiff and all parties named above did not wish to challenge the "said transfer pendente lite" in one voice and excluded them from the suit for partition amongst themselves. Thus, First Appeal stands dismissed against respondents Nos.7 to 9 and 6. 8. The parties are directed to submit the certified copy of this Compromise Pursis to the concerned revenue authorities and the 5 fiscal authorities for giving effect to it and for taking proper entires in their record for allotment of the respective shares. Parties are directed to file possession receipts within eight weeks from the date of passing of this order. 9. Appeal is disposed of in terms of the Compromise Pursis Exhibit X. A decree be drawn accordingly. Parties have been apprised of the order above which is dictated in open Court and for necessary compliance as directed. 10. Plaintiff shall be entitled for Court fee, if any, as per rules. 11. The parties who are getting share in the compromise decree as above, shall separately evaluate their share for the payment of Court fee as required under the law and submit the valuation before the Registrar to act upon. ( N. D. DESHPANDE, J. ) pnk/fa4232005