Bombay High Court
ROTARY WELFARE SOCIETY THROUGH ITS CHAIRMAN HARIPRASAD BANKATLAL SOMANIversusASHTAVINAYAK PRATISHTHAN THROUGH ITS SECRETARY RAJESH GHANSHYAMDASJI RATHI
- Disposal
- DISPOSED OFF
Holding
The appeal is disposed of in terms of the compromise deed, and pending civil applications are also disposed.
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 civil dispute with 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 matter amicably. The court recorded the compromise deed as exhibit X‑1 and considered the request to amend the title clause of the appeal memorandum. Relying on the compromise, the court disposed of the second appeal in terms of the settlement. Consequently, any pending civil applications related to the same dispute were also ordered to stand disposed.
Issues considered
- What is the effect of a compromise deed executed by the parties on the pending second appeal?
- Whether the title clause of the appeal memorandum may be amended in view of the compromise.
Subjects
- compromise deed
- second appeal
- civil procedure
- amendment of title clause
- settlement
Judgment
2026:BHC-AUG:42105
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
Checking your session…