fa136.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 136 OF 2011 Khatik Jafar Mainuddin & another .. APPELLANTS VERSUS Shaikh Arif Ahmed & another .. RESPONDENTS Mr. A.S. Bajaj, advocate for the appellants. Mr. A.P. Bhandari, advocate for respondent no. 2. ===== CORAM : R.M. BORDE, J. DATE : 20 th APRIL, 2011. PER COURT : 1 This is an appeal by original defendant nos. 2 and 3. The suit was presented by respondent no. 1 / original plaintiff claiming specific performance of agreement executed by defendant no. 1 / respondent no. 2 herein. Respondent no. 2 / original defendant no. 1 also stated to have executed an agreement to sell in favour of original defendant nos. 2 and 3 / appellants herein. Plaintiff had also sought a declaratory decree against the defendants granting declaration that the agreement executed on fa136.11 2 23-3-2009 by original defendant no. 1 / respondent no. 2 herein does not bind right, title and entitlement on the plaintiff / respondent no. 1 herein. The suit presented by plaintiff being Special Civil Suit no. 89/2009 was decreed by the trial court in view of judgment and decree dated 14-10-2010. 2 The parties have arrived at compromise and the terms of settlement are placed on record. In view of the agreement arrived at between the parties, respondent no. 1 / original plaintiff seeks leave to withdraw Special Civil Suit no. 89/2009 and forgo his claim in respect of the suit property or any right under the agreement to sell dated 28-10-2008. Respondent no. 1 / original plaintiff also has admitted validity of the transaction between respondent no. 2 i.e. original defendant no. 1 and the appellants / original defendant nos. 2 and 3. There are two separate sale-deeds executed by defendant no. 1 / respondent no. 2 herein in favour of the appellants / original defendant nos. 2 and 3 in respect of the suit property and the plaintiff / respondent no. 1 herein admits validity and correctness of those sale transactions. 3 The terms of settlement are duly signed by the parties and the fa136.11 3 respective parties have also affirmed the correctness of the contents thereof before the Oath Officer. The terms of settlement / compromise are signed by respective counsel appearing for the parties. The parties are present before the court and they admit correctness of the terms recorded in the settlement deed. The terms of settlement are read and recorded. 4 In view of settlement reached between the parties, leave is granted to plaintiff to withdraw Special Civil Suit no. 89/2009. Special Civil Suit no. 89/2009 presented by respondent no. 1 / original plaintiff before the Jt. Civil Judge, Sr.Dn., Ahmednagar stands dismissed as withdrawn. Consequent to the dismissal of the suit, instant first appeal does not survive and stands disposed of. 5 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb