1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 818 OF 2008 Gama Baburao Golhar & Ors. Appellants V E R S U S Avantikabai w/o Baburao Golhar & Ors Respondents Mr. S.V. Suryawanshi, Advocate, holding for Mr. P.S. Shirsath, Advocate for the appellants Mr. W.S. Jadhav, Advocate for respondent No.1 CORAM : A.V. NIRGUDE, J. DATED : 7th June, 2011 ORAL ORDER : 1. Respondent No. 1 (original plaintiff) is present before the Court. Her Advocate identified her. She has received certain amount in lieu of her share in the suit property. She is giving up her right to the suit property to the extent of her share in favour of the appellants. In view of this, second appeal should succeed and the impugned Judgment and decree passed in favour of respondent No.1 should stand set aside. It may also be noted that respondent Nos. 2 and 3 who were original defendant Nos. 5 and 6 are not participating in the compromise. They did not contest the suit nor did they are given any share in the suit property. They are thus formal parties and they are not required to endorse compromise that has taken place in between appellants and respondent No. 1. In view of this, appeal stands allowed. The amount deposited by the appellants in this Court shall be handed over to respondent No. 1 or her Advocate. In view of disposal of second appeal, Civil Application No. 5790 of 2010 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/ 2