1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 1008 OF 2007 Sau. Deepa Ajay Tongale vs. Prakash Walaji Parmar & 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. MAY 05, 2008. The dispute is between sister and brother for partition of some property. The trial Court has dismissed the Civil Suit filed by sister. During hearing, this Court felt that matter can be amicably settled and Shri Kasat, Advocate for the appellant as also Shri Saboo, Advocate for the respondents also reciprocated same feeling. With their assistance and able advise, the parties have compromised the said dispute in relation to partition. The brother (respondent – defendant) has agreed to give 3/4th share in shop block and basement below it to his sister by retaining 1/4th share for himself. It is agreed between the parties that said shop block and basement is to be sold and after deducting expenditure incurred in said sale, the balance amount is to be distributed accordingly. 3/4th 2 amount thus left is to be received by present appellant and 1/4th thereof is to be received by the respondent. The appellant sister and respondent brother are present before this Court with their respective advocates and they accept that by giving 3/4th consideration amount as mentioned above, the demand of sister for partition shall stand satisfied. They have also tendered in Court a Compromise deed drawn in Marathi. It is signed by both brother and sister on each page thereof and by their respective advocates on last page. I have personally questioned both brother and sister and they accept that they have understood the terms and conditions. Accordingly, the Compromise deed tendered is taken on record. Shri Zanwar, Advocate is appointed as Commissioner for the purposes of execution of actual sale of said shop block and basement. Shri Kasat, Advocate and Shri Saboo, Advocate state that the remuneration of Shri Zanwar will be decided by the parties by contacting Shri Zanwar personally. In the circumstances, the judgment and decree delivered by the trial Court is substituted by Court's order passed today and the Compromise 3 deed tendered on record. First Appeal is thus partly allowed. The judgment and decree be drawn accordingly. In the circumstances of the case, there shall be no order as to costs. JUDGE *GS.