Case Note & Summary
This is a second appeal arising from a property dispute. The appellant, Arun s/o Shivaji Naik Virdhe, had filed Second Appeal No. 220 of 1993 in the Bombay High Court, Aurangabad Bench, challenging the judgment and decree dated 12.10.1992 passed by the Additional District Judge, Ambajogai in Regular Civil Appeal No. 126 of 1982, which had reversed the judgment and decree dated 19.07.1982 of the Civil Judge, Junior Division, Ambajogai in Regular Civil Suit No. 295 of 1973. During the pendency of the appeal, the parties arrived at a compromise. On 12th January 2010, the parties, along with their respective counsel, placed the terms of compromise before the court. The parties were present in court and admitted the terms. The court recorded the compromise and, in view of the settlement, allowed the appeal in terms of the compromise. The decree passed by the Additional District Judge was modified and substituted in accordance with the compromise terms. The court also disposed of Civil Application No. 11406 of 2009 as not surviving. No costs were awarded. The judgment was delivered by Justice R.M. Borde.
Headnote
A) Civil Procedure - Compromise Decree - Second Appeal - Settlement - The parties to a second appeal placed terms of compromise on record, duly signed by them and their counsel. The court recorded the compromise and allowed the appeal in terms thereof, modifying the decree passed by the lower appellate court. Held that where parties settle their dispute, the appeal can be disposed of in terms of the compromise without adjudicating on merits (Paras 1-3).
Issue of Consideration
Whether the second appeal should be allowed in terms of the compromise reached between the parties.
Final Decision
Appeal allowed in terms of compromise. Decree of Additional District Judge modified and substituted in view of compromise terms. Civil Application No. 11406 of 2009 disposed of as not surviving. No costs.
Law Points
- Compromise decree
- Settlement of appeal
- Modification of decree
Case Details
2010 LawText (BOM) (01) 249
Second Appeal No. 220 of 1993
Mrs. M.A. Kulkarni (for appellant), Mr. U.B. Bonder (for respondents)
Arun s/o Shivaji Naik Virdhe
Annasaheb Rambhau Mundhe (deceased) through L.Rs.: Ashok Annasaheb Mundhe and Kamalbai Annasaheb Mundhe
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Nature of Litigation
Second appeal against judgment and decree of Additional District Judge in a civil suit.
Remedy Sought
Appellant sought to challenge the decree of the Additional District Judge reversing the trial court's decree.
Filing Reason
The appellant was aggrieved by the judgment and decree dated 12.10.1992 passed by the Additional District Judge, Ambajogai in Regular Civil Appeal No. 126 of 1982.
Previous Decisions
Civil Judge, Junior Division, Ambajogai passed decree on 19.07.1982 in Regular Civil Suit No. 295 of 1973 in favor of the appellant; Additional District Judge reversed that decree on 12.10.1992.
Issues
Whether the appeal should be allowed in terms of the compromise reached between the parties.
Submissions/Arguments
Parties placed terms of compromise on record and admitted them before the court.
Ratio Decidendi
Where parties to a second appeal arrive at a compromise and place terms on record, the court may allow the appeal in terms of the compromise and modify the decree accordingly without adjudicating on merits.
Judgment Excerpts
Terms of compromise are placed on record. Those are duly signed by respective parties as well as learned Counsel for respective parties.
In view of the settlement reached between parties, appeal shall have to be allowed in terms of the compromise.
Appeal stands disposed of in above terms. No costs.
Procedural History
Regular Civil Suit No. 295 of 1973 was decreed by Civil Judge, Junior Division, Ambajogai on 19.07.1982. The defendant appealed to the Additional District Judge, Ambajogai in Regular Civil Appeal No. 126 of 1982, which reversed the trial court's decree on 12.10.1992. The plaintiff then filed Second Appeal No. 220 of 1993 in the Bombay High Court, Aurangabad Bench. During the pendency of the appeal, parties settled the dispute and placed compromise terms on 12.01.2010.
