1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR FIRST APPEAL NO.613/2009 ( Smt. Shilpa Rajeshwar Yerkawar -: versus :- Rajeshwar Niranjanappa Yerkewar ) 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 AND F.M. REIS, JJ. DATED : OCTOBER 6, 2009. Heard Shri J.M. Gandhi, learned Counsel for petitioner and Shri B.G. Kulkarni, learned Counsel for respondent. Husband and wife are present before us along with their respective Counsel and they have tendered a compromise petition under Order 23 Rule 3 of the Code of Civil Procedure. They jointly pray to record the compromise accordingly and dispose of the First Appeal. Pursis is signed by the appellant-wife and respondent husband along with their respective Counsel, and it is also supported by their affidavits. The respondent – husband has also added by hand, that because of this compromise he is withdrawing the application for divorce filed before the Family Court. We have put questions to them and we are satisfied that they have understood the terms and conditions of the compromise. Accordingly as the issue is compromised 2 between the husband and wife, and as husband is ready to withdraw the proceedings filed by him before the Family Court, it is apparent that the judgment and decree impugned before us in this First Appeal is rendered infructuous. The First Appeal is also rendered infructuous because of the compromise. Thus, the divorce proceedings filed by the respondent Husband vide Petition No. A-195/2006 before the Family Court no.1, Nagpur are disposed of as withdrawn, by quashing and setting aside the judgment and decree therein. Similarly, the proceeding in case No. A-334/2005 filed by the appellant wife are also disposed of as infructuous because of present compromise. First Appeal therefore, does not survive and is disposed of. The compromise pursis tendered by the parties is taken on record and is marked “X” for identification. Appeal is accordingly disposed of. No costs. JUDGE JUDGE Rgd.