Bombay High Court

MATHURABAI HINDURAO GAWLI (DIED) ANIL AND ORSversusDAMODHAR SAKHARAM BENDE AND ORS

Disposal: DISPOSED OFF

Holding

The appeal is dismissed as infructuous because the parties have settled the dispute.

Summary

The appellant, Damodar Sakharam Bende, filed a first appeal (No. 77 of 2026) against Mathurabai Hindurão Gawli and others. During the hearing, the appellant’s counsel informed the court that the parties had reached an amicable settlement, submitting the settlement order and terms as annexures. Consequently, the court held that there was nothing left to adjudicate and declared the appeal infructuous. The court permitted the appellant to claim a refund of court fees and the statutory deposit. All pending civil applications related to the matter were also ordered to stand disposed.

Issues considered

Whether the appeal should be dismissed as infructuous on account of an amicable settlement between the parties

Subjects

settlement
appeal
infructuous
court fees refund
civil applications disposed

Judgment

2026:BHC-AUG:37104
1 48-FA-77-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

FIRST APPEAL NO. 77 OF 2026

DAMODAR SAKHARAM BENDE
VERSUS
MATHURABAI HINDURAO GAWLI AND OTHERS
...
Advocate for Appellant : Mr. S. P. Katneshwarkar
Advocate for Respondents No.2 and 4 : Mr. Ashutosh S. Kulkarni
Advocate for Respondent No.5 : Mr. S. S. Rathi
...
WITH CIVIL APPLICATION NO. 314 OF 2020 IN FA/77/2026
WITH CIVIL APPLICATION NO. 14876 OF 2018 IN FA/77/2026
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 17-08-2026
PER COURT:-

1. Learned counsel for the appellant, on instructions, submits

that the matter has been settled amicably. Consequently, nothing

survives for consideration. Learned counsel has tendered copies of

the order below Exhibit-1 and the compromise terms arrived at

between the parties in the proceedings of MACP Regular Darkhast

are taken on record and marked as Annexures “A” and “A1”, for the

purpose of identification, respectively.

2. Accordingly, the First Appeal stands disposed of as

infructuous. The appellant is permitted to claim a refund of court

fees and the statutory deposit in accordance with the rules.

3. All pending civil applications stand disposed of.

[SACHIN S. DESHMUKH, J.]
rrd

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