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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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