Bombay High Court
ASHTAVINAYAK PRATISHTHAN LATUR A CHARITABLE TRUST THR ITS SECRETARY RAJESH GHANSHYAMDASJI LATHIversusROTARY WELFARE SOCIETY THR ITS SO CALLED CHAIRMAN MADHUKAR SHANKARRAO KULKARNI
- Disposal
- DISPOSED OFF
Holding
The appeal is disposed of in terms of the compromise deed, and the pending civil applications, if any, are also disposed of.
Summary
The appellant, Ashtavinayak Pratishthan Latur Charitable Trust, filed a second appeal (No. 131 of 2024) before the Bombay High Court, Aurangabad Bench, challenging a decision in a civil dispute with the respondent, Rotary Welfare Society. Both parties appeared before the court and submitted that they had executed a compromise deed dated 10 September 2026, thereby settling the dispute amicably. The court was asked to allow an amendment to the title clause of the appeal memorandum. Upon taking the compromise deed on record, the court examined whether the appeal could be disposed of on the basis of the settlement. The judge held that, in view of the compromise, the second appeal and any pending civil applications were to be disposed of in terms of the compromise. Consequently, the appeal was closed without further adjudication on the merits.
Issues considered
- Whether the second appeal can be disposed of on the basis of a compromise deed executed by the parties.
- Whether the title clause of the appeal memorandum may be amended in light of the settlement.
Subjects
- compromise deed
- second appeal
- civil procedure
- amendment of title clause
- settlement
Judgment
2026:BHC-AUG:42106
201 SA NO. 131 OF 2024.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
SECOND APPEAL NO. 131 OF 2024
Ashtavinayak Pratishthan Latur A Charitable Trust Thr Its
Secretary Rajesh Ghanshyamdasji Lathi
VERSUS
Rotary Welfare Society Thr Its So Called Chairman Madhukar
Shankarrao Kulkarni
...
Mr. Avinash N. Irpatgire, Advocate for Appellant
Mr. Mayur G. Deokate, Advocates for Respondents
WITH
CIVIL APPLICATION NO. 7431 OF 2024 IN SA/131/2024 WITH
CIVIL APPLICATION NO. 9509 OF 2026 IN SA/131/2024
CORAM : SANJAY A. DESHMUKH, J.
DATE : 10.09.2026
PER COURT :-
1. Leave to amend the title clause of the Appeal Memo.
2. Learned Advocate for both the parties submit that, in
view of compromise deed dated 10.09.2026, the parties have
amicably settled the dispute.
3. The compromise deed is taken on record and marked as
‘X-1’ for identification. In view of the amicable settlement arrived
at between the parties, the Second Appeal stands disposed of in
terms of the compromise. Pending Civil Applications, if any, stand
disposed of.
[ SANJAY A. DESHMUKH, J. ]
HRJadhav 1 of 1
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