* 1 * FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 997 OF 2007 [Prakash Baburao Shahpure & Ors. V/S. Mallappa Appanna Sanabe] _____________________________________________________________________________________ Office Notes, Office Memoranda of : Coram, appearances, Court s orders : ’ or directions and Registrar s’ : Court s or Judge s orders ’ ’ orders : _____________________________________________________________________________________ Mr.P.M.Arjundwadkar, adv.for appellants. Mr.Ashutosh Kulkarni,adv.for respondent. Appellant and Constituted Attorney of Respondent are present in court. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 17TH NOVEMBER 2009. PC :- 1. Heard counsel for both sides. 2. Both the advocates state that the parties have settled the dispute in the present proceedings by entering into agreements dated 26th October, 2009. They have produced the original agreements for perusal of the court and tendered copies thereof for the purpose * 2 * of filing in court. The copies produced are taken on record and marked Exhibits-A and A-1 respectively. 3. The dispute in the present proceedings relates to laying down of the water pipe-line by the appellant through the land of the respondents. Original respondent no.1 had filed the Suit herein for an injunction to restrain the appellant from entering upon the suit property and laying down the pipe line thereunder. The trial court by its judgment and decree dismissed the suit. Original Respondent no.1 preferred an Appeal against the order to the District Court, Kolhapur. By the impugned judgment and order, the appeal court allowed the appeal and decreed the Suit. By the same order, the appellant has been restrained from entering upon the suit property, causing damage to the property in any manner or obstructing the respondents possession thereof. Both the advocates agree * 3 * that in view of the settlement arrived at between the parties, the impugned judgment and order is required to be set aside. The Appeal is therefore allowed. The impugned judgment and order dated 19th October, 2007 passed by the District Judge-1, Jaysingpur in R.C.A.No.29 of 2007 is set aside. (Judge)