1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY: APPELLATE SIDE, NAGPUR BENCH AT NAGPUR. Civil Application No. 181 of 2009 IN Second Appeal No. 354 of 1991 [decided] [Bhagirathibai Atmaram Dharmare & ors. Vs. Ramaji D. Dharmare] ----------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders Court's or Judge's Orders or or Registrar's order. directions. Mr. Rohit Deo, Adv., for applicant. Mr. A.V. Gordey, Adv., for appellants. ------ CORAM : A. H. JOSHI, J. DATE : 13th April, 2009. 1. Heard. 2. Applicant is one Deepak son of Sureshrao Gadge. He claims the right in the suit property on the basis of Agreement of Sale and the Power of Attorney executed in his favour by the appellants in Second 2 Appeal filed in 1991. 3. By this application, the applicant seeks recalling of order passed by this Court on 7th April, 2008, recording the compromise. 4. The Agreement of Sale relied upon by the applicant is dated 26th January, 2007. 5. This application raises a question whether the act of compromise by the appellants would, at the most, amount to the breach of contract, or a fraud on the Court or the applicant. In either of these questions, disputed questions need adjudication. 6. At this stage, learned Adv. Mr. Deo states that he would agitate all issues by taking recourse to a remedy available in law by way of filing a suit. In view of this statement, leaving all issues open, application is disposed of as withdrawn. JUDGE |hedau| 3