1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.3475 OF 2011 Arun S/o.Kishanrao Ronge, Age-45 years, Occu-Agriculturist, R/o.Takli, Tq. And Dist. Latur APPELLANT VERSUS Dattu S/o.Madhav Ronge, Age-75 years, Occu-Agriculturist, R/o.Takli (B), Tq. And Dist.Latur RESPONDENT Mr.H.V.Tungare h/f. Mr.C.R.Deshpande, learned counsel for the appellant. Ms.S.P.Mapari, learned counsel for respondent. (CORAM : A.V.POTDAR, J.) DATE : 02/12/2011 PER COURT : 1. Heard learned counsel for the appellant. Issue notice to respondent. Mrs.Mapari accepts notice for respondent and tendered her vakalatnama in the Court itself. 2. Today, the first appeal came up on board for the first time. The original plaintiff /appellant had filed special civil suit no.97/2010 before the Civil Judge, S.D.Latur, for specific performance with the alternate prayer for refund of earnest money. It appears that the 2 respondent/defendant remained absent in the said suit even though duly served, and the suit proceeded ex-parte against the respondent/ defendant. It further appears that the suit stands disposed of by the 3rd Jt.Civil Judge, S.D. Latur by judgment and decree dated 20/10/2011. The learned Trial Court had partly decreed the suit. The suit was dismissed so far as the relief for specific performance is concerned, but decreed to the extent of return of earnest money as the respondent was directed to pay sum of Rs.2,50,000/- to the appellant/plaintiff within the stipulated period. This judgment and decree is impugned in the present appeal. 3. When today the appeal appeared before this Court, parties who are present before the Court, are identified by the respective learned counsels. The appellant is identified by the learned counsel Shri.Tungare and the respondent was identified by learned counsel Mrs.Mapari. They have filed compromise pursis, which is taken on record and marked ‘X’ for identification. On questioning the appellant and respondent, they admit that the contents of the compromise deed were readover to them, and they are correct to their knowledge. Accordingly, they have put their thumb impression and signature on it. 4. In view of this, first appeal stands disposed of in terms of compromise deed today tendered by the parties before the Court. Decree be drawn in terms of compromise deed. 3 5. Appeal stands disposed of accordingly. Registry to refund the requisite court fee to the appellant as per rules. (A.V.POTDAR, J.) khs/DEC.2011/fa3475-11