1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.249 OF 1993 1 Sunderrao s/o Gopala Bhingle, age: 45 years, Occ: Agril., R/o Belkhandi Patoda, Tq. and District Beed. 2 Vithoba s/o Rajaram Walekar (Deleted as per Court’s order dated 29.09.1993). Appellants Versus 1 Ramprasad alias Niranjanprasad s/o Bansiprashad Tiwari, age: 25 years, Occ: Business, R/o Hattikhana, Beed. 2 Subhadrabai w/o Bansiprasad Tiwari, age: 60 years, Occ: Household, R/o as above. 3 Bajirao s/o Eknath Kurlekar, age: 57 years, Occ: Agril., R/o Vanjarwadi, Tq. And District Beed. 4 Dadarao s/o Hariba Walekar, age: 55 years, Occ: Agril., R/o Belkhandi Patoda, Tq. And District Beed. 5 Satyaba s/o Gangaram Satpute, Deleted as per Court’s age: 45 years, Occ: Agril., Order dated 12.01.2010. R/o as above. 6 Karbhari s/o Haribhau Mane, age: 55 years, Occ: Agril., 2 R/o as above. Respondents Shri C.R.Deshpande & Ms.Asawari d/o Vishwas Bendre, advocates for appellant. S/Shri G.K.Naik Thigle, A.M.Dabir and S.M.Godsay, advocates for Respondent No.1. Shri S.M.Godsay, advocate for Respondent No.2. CORAM: R.M.BORDE, J. DATE : 12 th January, 2010. ORAL JUDGMENT: 1 In view of pursis filed on record, leave is sought to withdraw appeal as against Respondent No.5. Leave granted appeal stands withdrawn as against Respondent No.5. Rest of the Respondents, who are not represented by Counsel, are already dead and as such, their names stand deleted. 2 Terms of settlement are placed on record. Terms of settlement are duly signed by the parties as well as Counsel representing them. Same are read and recorded. Parties to the litigation are present before the Court and admit the terms stated in the compromise. Appellant Sunderrao admits to have received Rs.10,000/- (Rs.Ten thousand) from Respondent No.1 today. 3 In this view of the matter, decree passed by trial Court, which has been confirmed by the first appellate Court, shall have to be modified and is required to be substituted in view of terms of settlement reached between parties. 3 4 Hence, judgment and decree passed by Civil Judge, Senior Division, Beed, on 19.10.1984 in Special Civil Suit No.16/1981, which has been confirmed in Regular Civil Appeal No.96/1985 by 2 nd Additional District Judge, Beed, on 25.11.1992, stands modified and is substituted by the terms of compromise/settlement. Decree be drawn accordingly. 5 Appeal stands disposed of in above terms. No costs. (R.M.BORDE) JUDGE ******* adb/sa24993