Bombay High Court

SHAIKH TAJUDDIN SHAIKH AMIRUDDINversusSAYEEDA BEGUM SHAIKH SALAUDDIN AND OTHERS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The appeals were disposed of as compromised because the parties had reached a settlement that could be recorded before the trial court.

Summary

The appellants and respondents in two related civil matters filed appeals against orders dated 2017 and 2016 in the Bombay High Court, Aurangabad Bench. Both parties asserted that the disputes had been settled by compromise and sought to have the compromise recorded before the trial court where the suits were pending. The petitioners' counsel submitted the compromise deed, marked “X”, for the court’s consideration. The court examined the submissions and found that the compromise had indeed been effected and could be recorded. Consequently, the court disposed of both appeals on the ground that the matters were compromised, and also dismissed the pending civil applications.

Issues considered

Whether a compromise reached between parties can be recorded before the trial court after the filing of an appeal against an earlier order
Whether the appeals should be dismissed on the ground of compromise

Subjects

compromise
civil appeal
order disposal
High Court
procedural law
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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