{1} fa92589.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.925A OF 1989 1 Pandurang Hansraj Patil, deceased through his L.Rs.: 1(a) Parvati w/o Pandurang Patil, age: 70 years, Occ: Household; 1(b) Raju Pandurang Patil, age: 41 years, Occ: Agril., 1(c) Amrut Pandurang Patil, age: 38 years, Occ: Agril., 1(d) Dhanraj Pandurang Patil, age: 48 years, Occ: Agril., 1(e) Nagraj Pandurang Patil, age: 55 years, Occ: Agril., 1(f) Sushila Rama Patil, age: 45 years, Occ: Household, R/o At & Post Subgavan, Tq.Parola, District Jalgaon. 2 Nagraj Pandurang Patil, age: 55 years, Occ: Agril., Applicants Nos.1-a to 1-e and Applicant No.2, R/o Gangapuri, Tq.Erandol, District Jalgaon. Appellants Versus Smt.Sudha Amrut Dhake, age: 62 years, Occ: Retired, R/o Salve, Tq.Erandol, Dist. Jalgaon. Respondents {2} fa92589.odt Mr.C.V.Korhalkar, advocate with Mr.R.C.Patil, advocate for appellants. Mr. D.S.Joshi, advocate for respondent. CORAM : R.M.BORDE, J. DATE : 06 th July, 2011 ORAL JUDGMENT: 1 This Court, on 23.06.2011, after hearing arguments of the parties, pronounced decision in the First Appeal in open Court. The appeal presented by appellants came to be dismissed, however, recording of the reasons was reserved. Before this Court could record reasons in support of the order, instant Review application is tendered along with the terms of settlement arrived at between the parties. In this view of the matter, there is no need to record reasons in support of the final order passed in First Appeal No.925/89 on 23.06.2011. The order of dismissal of appeal, however, needs to be recalled and the order dated 23.06.2011, dismissing the appeal, is recalled. 2 The terms of settlement placed on record are duly signed by the parties. Learned Counsel appearing for respective parties have put their signatures in token of identification. The parties to the litigation are present before the Court and admit the terms reduced into writing. The terms of settlement are thus read and recorded. The original plaintiff – respondent herein admits to have received sum of Rs. 2,00,000/- (Rs.Two lacs) through her power of attorney, towards the part of the amount receivable by the plaintiff. The terms of settlement are taken on record and marked “X” for identification. {3} fa92589.odt 3 Considering the fact that the parties have settled their dispute amicably, the judgment and decree dated 21.09.1983, passed by the Joint Civil Judge, Senior Division, Jalgaon in Special Civil Suit No.49 of 1981, needs to be set aside and same needs to be substituted by the terms of settlement (marked “X” for identification) filed on record alongwith review application. 4 In the result, First Appeal stands allowed and the judgment and decree dated 21.09.1983, passed by Joint Civil Judge, Senior Division, Jalgaon in Special Civil Suit No.49 of 1981, is quashed and set aside and same stands substituted in view of the terms of settlement dated 06.07.2011 (marked “X” for identification) placed on record along with Review Application No.154/2011. Decree be drawn accordingly. In the facts and circumstances of this case, there shall be no order as to costs. Pending Civil Applications do not survive and stand disposed of accordingly. R.M.BORDE adb/fa92589 JUDGE