1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 690 OF 2004 (Satyanarayan Rameshwar Bhaduka vs. Ravindrakumar Ganpatlal Agrawal & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 10, 2009. Heard Shri Panpalia, learned counsel for the appellant and Shri Chandurkar, learned counsel for the respondents. The matter was heard on earlier occasion and it was found that the parties were interested in settling the controversy once for all. The Second Appeal has been filed by the original defendant No.3, who is a bonafide purchaser challenging the reversing appellate Court judgment. The appellate Court judgment has found that the plaintiff is having 1/6th undivided share in the suit property and set aside sale deed dated 8.8.1991 in favour of present appellant is to that extent. It directed the appointment of Commissioner to ascertain and demark the actual share of plaintiff in the property. The plaintiff offered to purchase the premises by paying Rs.4,000/- per square feet while 2 defendant No.3 present appellant offered to purchase the said undivided share by offering Rs.1,000/- per square feet. The parties were given time to think over and both learned counsel thereafter have today stated that the parties have left it to the determination of this Court. On earlier occasion, this Court had tentatively indicated that the mean of offers submitted by both the parties should be accepted. Today, accordingly a pursis has been jointly filed by both the respective counsel stating that this Court may in its discretion fix the appropriate figure. As disclosed on last occasion, the rate of Rs.2,500/- per square feet is, therefore, determined as rate at which the appellant shall pay to Respondent No.1 ( original plaintiff) for his 1/6th undivided share. The total area of house as given in the plaint is 639 square feet and 1/6th share comes to 106.5 square feet and appellant (defendant No.3) has accepted it. The amount calculated @ Rs.2,500/- per square feet for said 1/6th share is worked out to Rs.2,66,250/- (Rs. Two lakh sixty six thousand two hundred and fifty only). The learned counsel for the appellant states that the amount shall be paid to Respondent No.1 (plaintiff) by 16th May 2009 in satisfaction of 3 his 1/6th share. It is made clear that if this amount is so paid, respondent No.1 – plaintiff shall not be entitled to execute the judgment and decree of lower appellate Court. Second Appeal is accordingly disposed of as compromised between the parties in above terms. JUDGE *GS.