Bombay High Court

GANGADHAR MAHADU KHANDARE AND ANRversusGODAVARIBAI SAMBHAJI DANGAT AND ORS

Disposal: DISPOSED OFF
Bench: MEHROZ K PATHAN

Holding

The appeal was withdrawn and disposed of in view of the parties' compromise.

Summary

In a second appeal (No. 335 of 2024) before the Bombay High Court, Bench at Aurangabad, the appellants sought to withdraw the appeal after reaching an amicable compromise with the original defendants, who are siblings and their mother. The compromise was filed and verified before the Registrar in the presence of all parties. The court considered the request to withdraw the appeal in light of the settlement. It granted permission, disposing of the second appeal as withdrawn and also dismissed the pending civil application. The parties were directed to comply with the terms of the compromise.

Issues considered

Whether a second appeal can be withdrawn after the parties have reached a compromise

Subjects

second appeal
compromise
withdrawal of appeal
civil procedure
High Court

Judgment

2026:BHC-AUG:12873



                                                  1
                                                                        335.24SA

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               901 SECOND APPEAL NO. 335 OF 2024
                          GANGADHAR MAHADU KHANDARE & ANOTHER
                                               VERSUS
                           GODAVARIBAI SAMBHAJI DANGAT & OTHERS
                                                   ...
                             Advocate for Appellants : Mr.B.N.Gadegaonkar
                             Advocate for Respondent no.1 : Mr.G.R.Syed
                           Advocate for Respondent nos.2 and 3 : Mr. R.R.Kazi
                                                   ...
                                                WITH
                              CIVIL APPLICATION NO. 11244 OF 2023
                                IN SECOND APPEAL NO.335 OF 2024
                                                  …
                                             CORAM : MEHROZ K. PATHAN, J.
                                             DATE     : 24.03.2026
                     P.C. :

                     1]           Heard the learned counsel for the appellants,
                     the learned counsel for the respondent no.1 and the learned
                     counsel for the respondent nos. 2 and 3.


                     2]           The learned counsel for the appellants submits
                     that during pendency of the present Second Appeal,
                     dispute is amicably resolved amongst the plaintiff and
                     original defendants, who are real brothers and sister and
                     Gangabai Mahadu Khandare i.e. the mother. Accordingly,
                     terms of compromise is filed on record, which is verified by
                     the Registrar [Judicial] in presence of all the parties
                     concerned. The terms of compromise is taken on record.
                     Thus, the learned counsel for the appellants submits that in
                              2
                                                  335.24SA

view of compromise arrived at between the parties, the
appellants do not want to pursue the present Second Appeal
and hence permission may be granted to withdraw the
present Second Appeal in view of compromise terms.


3]          Permission is granted. The Second Appeal is
disposed of as withdrawn in view of the terms of
compromise. The parties shall act as per the terms of
compromise.


4]          In view of withdrawal of the Second Appeal,
pending Civil Application is also disposed of.




                                   [MEHROZ K. PATHAN]
                                         JUDGE
DDC

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