1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION FIRST APPEAL STAMP NO.15421 OF 2007 Chandrakant Murgappa Wale Appellant vs. 1. Bali Bhimrao Panke & ors. Respondents Mr.Amit Shete i/b. Mr.V.V.Purwant for the appellant. Mr.J.B.Panke for respondents 1 and 2. Mrs.Poonam Mittal for respondent no.3. CORAM : ANOOP V. MOHTA,J. DATED : 10.06.2008 P.C. This is an appeal filed by the original owners along with an application for condonation of delay. Delay is condoned by separate order. 2. At this stage itself the parties have settled the matter and based upon that settlement, on instructions of respective clients, they have filed minutes of order which is reproduced as under: (1) The Appellant has filed the above First Appeal against the Judgment and Order dated 23.8.2006 passed by the learned Chairman, M.A.C.T., Solapur in M.A.C.P. No.435 of 2000 alongwith the Civil Application No.3890 of 2007 for condonation of delay. (2) The Tribunal has partly allowed the claim of the Respondent Nos. 1 and 2 above against the Appellant, owner of vehicle and exonerated the Insurance Company from it’s liability. 2 (3) After notices of application of condonation of delay, the parties have amicably settled the entire dispute out of Court. It is agreed between the parties that the Appellant shall pay a sum of Rs.1,25,000/- (Rs.One Lacs Twenty five Thousand only) to each Respondent namely Shri Bali Bhimrao Panke and Smt.Nagarbai Bali Panke. The learned Advocate Shri J.B.Panke, on written instructions from his clients (i.e. Respondent Nos. 1 and 2) states that he has received the amount of Rs.2,50,000/- (Two D.D. of Rs.1,25,000/- each) bearing numbers 962365 and 962366 in the names of Shri Bali Bhimrao Panke and Smt.Nagarbai Bali Panke respectively drawn on State Bank of Hyderabad, Murum Branch payable at Barshi Branch dated 9.6.2008. Hereto annexed and marked as Exhibit - 1 Collectively are the copies of the written instructions dated 2.6.2008 given by the Respondent Nos. 1 and 2 and the photocopies of D.D. dated 9.6.2008. (4) The statement made by Advocate Shri Panke is accepted. The appeal therefore, is disposed of in above terms. The Regular Darkhast No.4 of 2007 pending before the learned Civil Judge, Junior Division, Omerga, Dist. Osmanabad is also stands disposed off as entire claim is satisfied. The parties are directed to communicate this order to executing Court for further recourse. (5) The office is directed to refund the Court fees and statutory amounts as per rules as the appeal is not heard and decided on merits. (6) Since the First Appeal is disposed off all Civil Applications in the same does not survive and thus disposed off accordingly." 3. Both the parties and their respective Advocates have no objection as their matter is settled fully and finally. 3 4. The Appeal itself therefore is disposed of in view of above reflected terms of minutes of order. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]