S.A. No.144/1999 16.12.2011 Ms. Vandana Kasrekar, counsel for the appellants. Shri Maqbool Ahmed, counsel for respondents No.1 and 2. Appellants – Smt. Marubai, Dulichand, Shantilal, Nanu, Shantibai, Sarsatbai, Kuntibai, Ashabai, Seemabai and Manishibai are present in person. Similarly, the respondents No.1 and 2 – Dhanji and Shankar are also present in person. Parties are duly identified by their respective counsel. They are heard on I.A. No.6991/2011. This is an application under Order XXIII Rule 3 of the C.P.C. for recording the compromise that the parties have entered. Upon enquiry, parties have stated that they have entered into the compromise 1 on their free will, without any coercion, fraud or duress. It is also stated by counsel for appellants that appellant No.4- Nanu and 11-Manishibai have attained majority during pendency of this appeal. Even otherwise, appellants No.2 to 11 are the children of Smt. Marubai and Kashiram and their interests are protected by Smt. Marubai. (a) Thus, we find that there is no impediment to dispose of this appeal in accordance with the terms of compromise as stated in the application. (b) In view of the aforesaid, the impugned judgment and decree shall stand modified to the following effect - (c) Appellants have stated that they are in possession of the suit property bearing old Khasra Nos. 132, 133, 2 151, 153 and 154 situated in Village Implipura admeasuring 19.04 Acres. and they will continue to hold possession thereof without any interference from respondents. (d) In view of the settlement, appellants will be entitled to get their names mutated in the revenue records in relation to aforesaid Khasras in place of Dhanji. (e) The respondents are in possession of old Khasra No.2 situated in Village Motapur, Tehsil and District Khargone, shall continue to remain in possession as owner thereof. (f) It is also stated that appellants or anyone through them or the respondents or anyone through them will not lodge claim in respect of properties which have fallen to the share of other side. 3 (g) This agreement will have an overriding effect over the sale-deed executed by Late Dayabai in favour of Shankar on 18.3.1966. In view of the aforesaid compromise, parties have agreed to withdraw their respective claims. As a result, the second appeal preferred by appellants stand dismissed as withdrawn. Similarly, the cross objections filed by respondents No.1 and 2 stand dismissed as withdrawn. Parties shall bear their own costs. Order accordingly. (S.K. SETH, J.) Alok/ 4