Bombay High Court

SHAIKH MOINUDDIN SHAIKH AMIRUDDIN AND OTHERSversusSAYEEDA BEGUM SHAIKH SALAUDDIN AND OTHERS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

A compromise must be recorded before the trial court, and once recorded, the appellate court may dispose of the appeal as compromised.

Summary

The petitioners Shaikh Tajuddin Shaikh Amiruddin and Shaikh Moinuddin Shaikh Amiruddin filed appeals against orders relating to civil applications pending before the trial court. Both parties asserted that the disputes had been settled by compromise. The petitioners' counsel submitted the compromise deed and its contents for the court's record. The court held that a compromise must be recorded before the trial court where the suit is pending and, having received the compromise, it could be entered into the record. Consequently, the appeals were disposed of on the ground that the matters were compromised, and the pending civil applications were also dismissed.

Issues considered

Whether a compromise between parties can be recorded after the suit is pending before the trial court
Whether the appellate court can dispose of appeals on the basis of a recorded compromise

Subjects

compromise
civil procedure
appeal
disposal
settlement

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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