1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 273 OF 2008 (Sadashiv Baliram Kharone through Sau. Shalini R. Patil & Ors. vs. Shamrao Baliramji Kharone) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 12, 2009. Shri Patil, learned counsel for the appellants informs that the parties have amicably settled the controversy and a compromise pursis jointly signed is placed on record. He states that Sanjay i.e. appellant No. 1(b) is present on behalf of the appellants and the respondent Shamrao is present in person. Shamrao has not engaged any advocate and he has placed his thumb impression on this compromise pursis which is drafted in English. However, he has also placed on record an affidavit in Marathi which is sworn on 15.11.2008 before the Executive Magistrate at Morshi. Shamrao states that after receipt of Rs.5,000/-, he has given up all his claims on field Survey No. 15/4 at Mouza – Hirapur, Tq. – Morshi. He has already received Rs.3,000/- and he has received Rs.2,000/- today before the Court. The contents of the compromise are put to 2 him and verified. It is apparent that the parties have amicably settled the controversy as mentioned in the compromise pursis and affidavit of Shamrao dated 15.11.2008. The said compromise pursis and affidavit is taken on record. Second Appeal is accordingly partly allowed in terms thereof. The judgments and decrees of lower Courts are modified accordingly. JUDGE *GS.