1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.272 OF 2002 Timanna Hanmantu Limbole (since deceased) Through Legal representatives Dattatraya Timanna Limbole and ors. ..Appellants Vs. Parwatibai Shankarrao Chougule ..Respondent ......... Mr.A.P.Kulkarni i/b.Mr.A.A.Kumbhakoni, for appellants. Mr.S.R.Ronghe i/b.Mr.G.S.Godbole, for respondent. ......... CORAM: R.G.KETKAR, J. DATE : 9th JUNE, 2010. P.C. : This appeal was admitted on 25 th November, 2002. Pending the appeal, the appellant No.1­B has expired. Mr.Kulkarni, learned counsel for the appellants, on instructions from Appellant No.1a. Dattatraya Timanna Limbole who is present in the Court, seeks permission to delete the appellant no.1­B. Permission to delete the name of appellant no.1­B is granted. Amendment shall be carried forthwith. 2] Mr.Kulkarni, learned counsel for the appellants and Mr.Ronghe, learned counsel for respondent states that the entire dispute between the parties is resolved in terms of the consent terms dated 20 th May, 2010. The consent terms duly signed by the appellant No.1­a for himself and on behalf of the appellant 272­02.sxw 2 Nos.1c­Laxmi Shankar Pawar, 1d­Shivamma Dhondiba Dodage, 1e­Ashabai Shravan Dodage, 1f­Sundrabai Laxman Shinde are filed. The consent terms records that the consent terms have been read over to them and they admit the correctness thereof. Even, today they confirm the correctness of the consent terms. 3] After hearing the learned counsel for the respective parties and perusing the consent terms, I am satisfied that the suit is adjusted wholly in terms of compromise in writing and signed by the parties. Second Appeal can be disposed of in terms of the compromise terms. 4] The compromise terms dated 28 th May, 2010 is taken on record and marked as “X” for identification. The power of attorney executed by the applicant Nos.1­c to 1­f in favour of appellant No.1­a Dattatraya is taken on record and marked as “Y” for identification. The impugned judgment and decree dated 4 th February, 2002 passed by the learned Addl. Sessions Judge, Solapur in R.C.A.No.458 of 1998 arising from the judgment and decree dated 6 th October, 1998 passed by the learned 3 rd Jt. Civil Judge Junior Division, Solapur in Reg.C.S.No.1175 of 1983 is hereby quashed and set aside. The decree shall stand substituted in terms of the consent terms dated 28 th May, 2010. Decree to be drawn accordingly. Second Appeal is disposed of in terms of the consent terms with no order as to the costs. [R.G.KETKAR,J.] 272­02.sxw 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.231 OF 2007 IN SECOND APPEAL NO.272 OF 2002 Timanna Hanmantu Limbole (since deceased) Through Legal representatives Dattatraya Timanna Limbole and ors. ..Applicants Vs. Parwatibai Shankarrao Chougule ..Respondents ......... Mr.A.P.Kulkarni i/b.Mr.A.A.Kumbhakoni, for applicants. Mr.S.R.Ronghe i/b.Mr.G.S.Godbole, for respondents. ......... CORAM: R.G.KETKAR, J. DATE : 9th JUNE, 2010. P.C. : By this application, the applicants are praying for addition of respondent nos.2 or 3 in the Civil Applications party respondents No.2 and 3 in Second Appeal No.272 of 2002. 2] Mr.Kulkarni, learned counsel for the applicants, on instructions from appellant no.1a Dattatraya Timanna Limbole who is present in the Court, states that the applicants have settled the dispute involved in the Second Appeal out of the Court. He, therefore, does not press the Civil Application. The Civil Application stands dismissed as not pressed. [R.G. KETKAR, J.] 272­02.sxw