SRJ 1 fa-1103-1996.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1103 OF 1996 WITH CROSS OBJECTION NO.3313 OF 1998 Shri Jotiram T. Godse & Another .. Appellants V/s. Shri Dhondiram B. Kumbhar & Others .. Respondents Mr. V.B.Rajure, for Appellant Mr. Dilip Bodake, for Respondent Nos.1 to 3. Mr. D.R.Mahadik i/b. S.R.Singh, for Respondent No.4 CORAM :A.S.OKA,J. DATE :12th APRIL,2010 P.C.:- 1] When the appeal and cross objection were taken up for hearing on 23rd March, 2010, the learned Counsel appearing for the Appellant produced on record a letter dated 18th March, 2010 addressed to him by 2nd Appellant. In the said letter, it was recorded that there has been an amicable settlement between the Appellants and 1st to 3rd Respondents. The said letter specifically records that there is settlement arrived at between the Appellant and 1st to 3rd Respondents at a local level. On that day, the SRJ 2 fa-1103-1996.sxw learned Counsel appearing for 1st to 3rd Respondents stated that there was no settlement and, therefore, the concerned Respondents desire to prosecute the cross objection. Time was granted to 1st to 3rd Respondents to file an Affidavit on the aspect of the settlement. The affidavit was to be filed on or before 9th April, 2010. Today, when the appeal was called out for final hearing, the learned Counsel appearing for the 1st to 3rd Respondents states that he has not received any instructions from his clients. The learned Counsel appearing for the Appellants on instructions states that on the basis of the settlement, there was deed of compromise recorded between the Appellants and 1st to 3rd Respondents on 17th March, 2010. 2] In view of the statement made by the learned counsel for the Appellants and what is stated in letter dated 18th March, 2010 which is taken on record, it appears that there is an amicable settlement between the parties. Though opportunity was granted by this Court to 1st to 3rd Respondents, they have not chosen to come before the Court and state that there is no such compromise. 3] In view of the aforesaid factual situation, the case made out by the Appellants that there has been an amicable settlement between the Appellants and 1st to 3rd Respondents will have to accepted and, therefore, the 1st to 3rd Respondents cannot be permitted to prosecute the cross objections. Hence, I pass the following order:- SRJ 3 fa-1103-1996.sxw (i) The Appeal is dismissed as withdrawn in view of letter dated 18th March, 2010. (ii) In view of settlement cross objection stamp No.3313 of 1998 stands dismissed. (iii) Civil Application No.5593 of 1996 does not survive and the same is disposed off. (A.S.OKA,J.)