Bombay High Court

RAMKUNWAR KUNDANLAL GUPTA DIED THROUGH LRS MAHENDRA RAMKUMAR GUPTA AND OTHERSversusRAMNIVAS BANSILAL LAKHOTIYA DIED THROUGH LRS TARABAI RAMNIVAS LAKHOTIYA AND ANOTHER

Disposal: DISPOSED OFF
Bench: SACHIN S DESHMUKH

Holding

A recorded compromise that settles the parties' claims modifies the existing decree and results in the disposal of the pending civil application and appeal.

Summary

The applicants, heirs of the deceased Ramkumar Kundanlal Gupta, filed a civil application seeking modification of a decree in a property dispute with the respondents, heirs of the deceased Ramnivas Bansilal Lakhotiy a. The parties reached a settlement wherein the respondents acknowledged ownership of the suit property (CTS No.156 and part of CTS No.159) and the applicants withdrew their claim for declaration of ownership in the earlier suit. The respondents paid Rs.4,46,000 as consideration for the compromise, and the court recorded the compromise terms. The court modified the impugned judgment and decree in accordance with the settlement and ordered that the decree be drawn accordingly. Consequently, the civil application and the second appeal were disposed of, effectively concluding the litigation.

Issues considered

What is the effect of a recorded compromise on the existing decree and pending appeals in a civil property dispute?

Subjects

compromise
civil suit
decree modification
property dispute
settlement
appeal disposal

Judgment

2026:BHC-AUG:27880



                                                                   201 SA240.2005
                                               -1-

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         201 CIVIL APPLICATION NO. 7183 OF 2026
                                          WITH
                             SECOND APPEAL NO. 240 OF 2005

              .      RAMKUWAR KUNDANLAL GUPTA DIED THROUGH LRS
              1A.    MAHINDRA RAMKUWAR GUPTA
              1B.    RAJENDRA RAMKUWAR GUPTA
              1C.    JITENDRA RAMKUWAR GUPTA          .. Applicants

                                             Versus

              .      RAMNIVAS BANSILAL LAKHOTIYA (DECEASE)
                     THROUGH LRS
              1A     SMT. TARABAI RAMNIVAS LAKHOTIYA
              1B     HEMENDRA RAMNIVAS LAKHOTIYA

              2.  RAMPYARIBAI BNASILAL LAKHOTIA (Abated)
                                                              .. Respondents
                                              ...
              Advocate for Applicants: Mr. Niranjan Deshpande
              Advocate for Respondents 1A & 1B in SA : Ms. Khushi K. Warma
                                              ...

                                          CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 10.07.2026

              PER COURT :-

              1.          The parties are present. The terms are also verified by

              the Registrar (Judicial) of this court.


              2.          In that view of the matter, the impugned Judgment

              and Decree is modified in terms of Para 3A and 3B of Civil

              Application No.7183 of 2026, which reads as under:
                                                     201 SA240.2005
                               -2-

           “3.   ….

                            COMPROMISE TERMS

           A.    The Plaintiff agrees that, the Defendants are the
           owners and possessors of the suit property being
           C.T.S. no.156 sheet no.29 Chalta no.41/4, together
           with portion of C.T.S. NO.159 to the extent of 8 mtr
           north south and 2.75 mtr east west, and the Plaintiff
           withdraws its claim for declaration of ownership and
           consequential prayers made in Special Civil Suit no.78
           of 1990 in prayer clause B to D with respect to the
           suit property.

           B.    In view of this settlement, the Defendants have
           paid Rs.4,46,000/- (in words Four Lakhs Forty-Six
           Thousand only) at the time of recording of this
           compromise terms before this Hon’ble Court.
           Therefore, there is no pending dispute between the
           original Plaintiff and the Defendant with respect to
           the suit property mentioned hereinabove and they
           agree that they will not claim any right against each
           other.”


3.         The Decree be drawn accordingly.


4.         Accordingly, the Civil Application and, consequently,

the Second Appeal are disposed of.




                                     (SACHIN S. DESHMUKH, J.)

marathe

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