{1} fa209710.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.2097 OF 2010 1 Shankarappa s/o Vaijnathappa Udgirkar (Jathar), age: major, Occ: Nil, through his son Chandrakant s/o Shankarappa Udgirkar (Jathar), as his power of attorney. 2 Shivlingappa s/o Vaijnathappa Udgirkar (Jathar), age: 65 years, Occ: Nil, R/o Gandhi Market, Parli-Vaijnath, Tq. Parli Vaijnath, Dist. Beed. Appellants Versus 1 Maharudra s/o Vaijnathappa Udgirkar (Jathar), age: major, Occ: Business and Agril., R/o Gandhi Market, Parli-Vaijnath, District Beed. 2 Shivrudrappa s/o Vaijnathappa Udgirkar (Jathar), age: major, Occ: Nil, R/o as above. 3 Manmathappa s/o Vaijnathappa Udgirkar (Jathar), age: major, Occ: Agril., R/o as above. 4 Shivgangabai w/o Shankarappa Waghmare (died), through her L.Rs: 4/1 Vishnupant s/o Shankarappa Waghmare, age: 57 years, Occ: Service, R/o Waghala, Tq. Pathri, Dist. Parbhani. 4/2 Bhagwan s/o Shankarappa Waghmare, age: 51 years, Occ: Agril., R/o Waghala, {2} fa209710.odt Tq.Pathri, Dist. Parbhani. 4/3 Sadashiv s/o Shankarappa Waghmare, age: 40 years, Occ: Service, R/o as above, at present B-1/2, Samrudhi Park, Bhadekaru, Walia Road, G.I.D.C., Ankleshwar, Dist. Bhadoch. 4/4 Sow.Ratbanaka w/o Dashrathrao Suryawanshi, age: 52 years, Occ: Household, R/o Loha, Tq.Loha, District Nanded. 4/5 Sow.Kasturbai w/o Uttamrao Mane, age: 45 years, Occ: Household, R/o Shivajinagar, Parbhani, Dist. Parbhani. 4/6 Sow. Sima w/o Balaji Borkar, age: 34 years, Occ: Household, R/o Near New Datta Mandir, Parbhani Road, Manwat, Tq.Manwat, Dist.Parbhani. 4/7 Ku.Maina d/o Shankarappa Waghmare, age: 37 years, Occ: Nil, through her Next friend U/g Bhagwan s/o Shankarappa Waghmare, R/o Waghala, Tq. Pathri, District Parbhani. 5 Chandrakalabai w/o Shivlingappa Putke, age: 65 years, Occ: Household, R/o Shastri Nagar, Parli-Vaijnath, District Beed. 6 Mahanandabai w/o Baburao Kukade, age: major, Occ: Household, R/o Salegaon, Tq. Kalamnuri, District Hingoli. 7 Mangalabai w/o Atmaram Salunke, {3} fa209710.odt age: major, Occ: Household, R/o Selu, Tq. Selu, Dist.Parbhani. Respondents Mr.Gopal C. Navandar, advocate for appellants. Mr.Sachin S. Deshmukh, advocate for respondents. CORAM : R.M.BORDE, J. DATE : 06 th July, 2011 ORAL JUDGMENT: 1 The suit presented by original plaintiff – Respondent No.1 herein, being Special Civil Suit No.42/2006, claiming partition and separate possession of ancestral properties, came to be decreed by the Civil Judge, Senior Division, Ambajogai, vide judgment and decree dated 09.09.2009. 2 The judgment and decree passed by the trial Court is appealed against by original defendants no.1 & 2 – appellants herein. The appeal came to be admitted on 26th October, 2010 and in view of the request made by learned Counsel for respective parties, the matter was referred for mediation. 3 The parties, with the guidance of the mediator, have settled their dispute amicably and the terms of settlement recorded by the mediator in the proceedings dated 04.02.2011 have been placed on record. The terms of settlement have been signed by all the parties to the litigation as well as their respective Counsel and those have been verified before the Oath Officer. Learned Counsel for respective parties have also put their signatures in token of identification. All the parties to the appeal are present before this Court. They admit the terms reduced into {4} fa209710.odt writing. Hence those are taken on record and marked “X” for identification and read and recorded. The judgment and decree dated 09.09.2009, passed by Civil Judge, Senior Division, Ambajogai in Special Civil Suit No.42/2006, therefore, needs to be quashed and set aside and substituted by the terms of settlement placed on record. 4 In the result, appeal is allowed. The judgment and decree dated 09.09.2009, passed by Civil Judge, Senior Division, Ambajogai in Special Civil Suit No.42/2006, is quashed and set aside and same is substituted by the terms of settlement reduced into writing on 04.02.2011 (marked “X” for identification), which are placed on record today. Decree be drawn accordingly. In the facts and circumstances of this case, there shall be no order as to costs. Pending Civil Applications do not survive and stand disposed of accordingly. R.M.BORDE adb/fa209710 JUDGE