1 c.a.14285.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.14285 OF 2010 IN FIRST APPEAL NO. 341 OF 2009 1. Balkrishna S/o Dagdu Toge Age 58 years,Occup.Agril., R/o Bhatkudgaon, Tqluka Shevgaon, District Ahmednagar and another. ...APPLICANTS. VERSUS 1. Shivananda Vishnu Najan 2. Pranav S/o Vishnu Najan Minor U/g of respondent No.3 Real mother and others. ...RESPONDENTS. ... Shri.Yuvraj V. Kakade Advocate for Applicants(Original Defendant Nos. 3 and 4). Shri.N.V.Gavare,Advocate for Respondents Nos 1 to 3 (Original Plaintiffs) ... CORAM: SHRIHARI P.DAVARE, J. DATE : 11th FEBRUARY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. Applicant No.1 Balkrishna Dagdu Toge and 2 c.a.14285.10 applicant No. 2 Haribhau S/o Vishnu Toge, are present, respondent No. 3 Sunita W/o Vishnu Najan is present for herself and for minor respondent Nos.1 and 2, as their natural guardian being real mother. Both the parties admitted the contents of the application and also signed the same. 3. It is submitted that Special Civil Suit No. 10 of 2008 was filed by the original plaintiffs against defendants and same was partly decreed by learned Civil Judge Senior Division, Ahmednagar, on 23rd November, 2011. Being aggrieved and dissatisfied with said Judgment, defendant No. 3 and 4 preferred First Appeal No. 341 of 2009 challenging the same. Thereafter, parties arrived at settlement, and hence compromise pursis was filed in First Appeal No. 341 of 2009 on 29th June, 2010, by the parties. Accordingly, this Court passed order on 14th July, 2010 and appellants were permitted to withdraw the said appeal in view of the compromise arrived at in between the parties. 3 c.a.14285.10 4. On the face of the said position, learned counsel for the parties submit that clause No.4 of the judgment and decree dated 23rd November, 2009 had remained to be quashed and set aside in the compromise pursis, and therefore, said clause was not quashed and set aside by this Court. The said clause reads as under: (4)“Defendant Nos. 3 and 4 are hereby directed to execute re conveyance deed of suit land in favour of minor plaintiff Nos. 1 and 2 by bearing entire expenses to be required therefor.” 5. Now original defendant Nos 3 and 4/appellants have preferred present application requesting to quash and set aside clause No. 4 in the Judgment and decree dated 23rd November, 2011, passed by the Civil Judge Senior Division, Ahmednagar, in Special Civil Suit No. 10 of 2008 and also requested to recall the order passed by this Court on 14th July 2009, in First Appeal No. 341 of 2010. 6. It is also submitted that Sunita W/o Vishnu 4 c.a.14285.10 Najan original plaintiff No.3 and natural guardian of minor plaintiffs No.1 and 2, has also verified present Civil Application and has consented to the contents of the present Application. 7. In the light of the aforesaid facts, present application is allowed in terms of prayer clause [C] thereof, and clause No.4 of the Judgment and decree dated 23rd November, 2009 rendered by learned Civil Judge Senior Division, Ahmednagar, in Special Civil Suit No. 10 of 2008 stands quashed and set aside and the order passed by this Court dated 14th July, 2010, in First Appeal No. 341 of 2009 stands modified to that extent and present application stands disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK