1 fa2512-05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.2512 OF 2005 Jaywant Dadu Doijad and anr. ..Appellants Vs. Mangala Mahadeo Ichalkaranje and others ..Respondents ......... Mr.Sagar A. Mane i/b.Mr.Narendra Bandiwadekar, for appellants. Mr.G.M.Savagave, for respondent no.1 ......... CORAM: R.G.KETKAR, J. DATE : 2nd AUGUST, 2010. P.C. : This appeal is preferred by the original defendant nos.2 and 4 challenging the judgment and decree dated 29 th June, 2005 passed by the learned Civil Judge Senior Division, Kolhapur. By that judgment, the learned trial Judge decreed the suit instituted by the respondent no.1 herein and directed the appellant no.1/original defendant no.2 and respondent no.2/original defendant no.1 to pay amount of sale proceeds to the tune of Rs.4,84,575/- towards the legal share of the first respondent within 90 days, failing which such sum shall carry simple interest at the rate of 6% per annum till realisation. 2] The appeal was admitted on 10 th March, 2006. By order dated 13 th February, 2008 in Civil Application No.1463 of 2007, the appellants were granted stay of the impugned judgment and decree subject to the condition of furnishing 2 fa2512-05 adequate security for the decretal amount. The appellants took out present Civil Application No.2521 of 2010 praying that instead of furnishing security as per order dated 13 th February, 2008, they may be permitted to deposit 50% of the decretal amount by suitably modifying the order dated 13 th February, 2008. Mr.Bandiwadekar, learned counsel for the appellants, submitted that the impugned judgment and decree is not jointly and severally passed against the appellant no.1 and respondent no.2. He, therefore, submitted that he is ready and willing to pay Rs.3,50,000/- by way of full and final settlement as claimed by the respondent no.1/original plaintiff in so far as her claim against the appellants/original defendant nos 2 and 4 is concerned. At the request of learned counsel for the respondent no.1, the matter was adjourned so as to enable him to take instructions whether the respondent no.1 is ready and willing to accept this offer. Mr.Savagave, on instructions, states that the respondent no. 1 is ready and willing to accept the said offer as and by way of full and final settlement of her claim against the original defendant nos.2 and 4. He further states that he will proceed to execute the decree against the respondent no.2 original defendant no.1. 3] Mr.Bandiwadekar, learned counsel for the appellant states that within eight weeks from today, he will deposit amount of Rs.3,50,000/- in the court of Civil Judge, Senior Division, Kolhapur in the Darkhast Proceedings filed by the first respondent/original plaintiff. Mr.Savagave states that the first respondent original plaintiff accepts that the said amount will be full and final settlement of her claim against the defendant nos.2 and 4 and she will not execute the decree against the appellants and she will delete their names from the execution proceedings. Upon deposit of Rs.3,50,000/-, the respondent No.1 is permitted to withdraw the 3 fa2512-05 said amount unconditionally. The decree stands satisfied in so far as appellants/original defendant nos.2 and 4 are concerned. 4] The statements made by learned counsel for the parties are accepted. In view of this, first appeal is allowed to be withdrawn with no order as to the costs. The first appeal stands dismissed as withdrawn. Refund court fees to the appellants in accordance with rules. In view of the disposal of first appeal, no orders are necessary in the Civil Applications. The same are disposed of with no order as to the costs. [R.G. KETKAR, J.]