Bombay High Court

SHAIKH MOINUDDIN SHAIKH AMIRUDDIN AND OTHERSversusSAYEEDA BEGUM SHAIKH SALAUDDIN AND OTHERS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The appeal is disposed of as compromised, and the pending civil applications are dismissed.

Summary

The appellants filed appeals against orders dated 2017 and 2016 in civil suits pending before the trial court. Both parties asserted that the disputes had been settled by compromise. The petitioners' counsel submitted the compromise deed for the court's record, and the respondents' counsel concurred that the compromise needed to be recorded. The bench held that, since a valid compromise existed, the appeals could be disposed of on that basis. Consequently, the appeals were dismissed as compromised and the pending civil applications were also disposed of.

Issues considered

Whether the existence of a compromise between the parties warrants the disposal of the appeal.
Whether pending civil applications should be dismissed following the recording of the compromise.

Subjects

compromise
civil appeal
disposal of appeal
High Court of Bombay
procedural law

Judgment

                                                               ao9.17-
                                 -1-


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

             24 APPEAL FROM ORDER NO. 9 OF 2017
                            WITH
              CIVIL APPLICATION NO. 861 OF 2017

                 Shaikh Tajuddin Shaikh Amiruddin
                               VERSUS
          Sayeeda Begum Shaikh Salauddin And Others
                                   ...
Advocate for the Petitioner : Mr. Patni Pramod F.
Advocate for Respondent Nos. 3a To 3e, : Mr. Sk. Allamash Abdul
Latif
Advocate for Respondents : Mr. Mohsin Khan,
                                   …..
                                  AND
              APPEAL FROM ORDER NO. 94 OF 2016
                                 WITH
              CIVIL APPLICATION NO. 16459 OF 2016

          Shaikh Moinuddin Shaikh Amiruddin And Others
                               VERSUS
          Sayeeda Begum Shaikh Salauddin And Others
                                   ...
Advocate for the Petitioner : Mr. Saeed S. Shaikh
Advocate for Respondents : Mr. Mohsin Khan

                    CORAM : SANJAY A. DESHMUKH, J.
                    DATED : 27th JULY, 2026

PER COURT :-


1.       Mr. Patni, learned advocate for the appellants and learned

advocate for the respondents in appeal from order No. 9 of 2017

pointed out that the matters have been compromised. However, the

compromise has to be recorded before the trial court where the suit is

pending. Learned advocate for the respondents also submit that the

matters have been compromised and the compromise pursis has to
                                                             ao9.17-
                                   -2-

be recorded.      Learned advocate for the appellants submitted the

pursis to that effect alongwith the copy of contents of the

compromise, which is taken on record and marked “X” (collectively)

for identification.



2.         In view of above, appeals from order are disposed of as

compromised.



3.         Pending civil applications are disposed of.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

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