Bombay High Court
DAMODAR SAKHARAM BENDEversusMATHURABAI HINDURAO GAWLI AND ORS
- Disposal
- DISPOSED OFF
Holding
The appeal was disposed of as infructuous due to the parties' settlement.
Summary
The appellant, Damodar Sakharm Bend, filed a first appeal against Mathurabai Hindurau Gawli and others. During the hearing, the appellant's counsel informed the court that the parties had reached an amicable settlement, submitting the settlement order and terms as annexures. Consequently, the court held that there was nothing left to adjudicate and declared the appeal infructuous. The appellant was allowed to claim a refund of court fees and the statutory deposit. All pending civil applications related to the matter were also ordered to be disposed.
Subjects
- settlement
- infructuous appeal
- court fees refund
- civil applications disposed
- high court
Judgment
2026:BHC-AUG:37103
1 48-FA-77-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 77 OF 2026
DAMODAR SAKHARAM BENDE
VERSUS
MATHURABAI HINDURAO GAWLI AND OTHERS
...
Advocate for Appellant : Mr. S. P. Katneshwarkar
Advocate for Respondents No.2 and 4 : Mr. Ashutosh S. Kulkarni
Advocate for Respondent No.5 : Mr. S. S. Rathi
...
WITH CIVIL APPLICATION NO. 314 OF 2020 IN FA/77/2026
WITH CIVIL APPLICATION NO. 14876 OF 2018 IN FA/77/2026
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 17-08-2026
PER COURT:-
1. Learned counsel for the appellant, on instructions, submits
that the matter has been settled amicably. Consequently, nothing
survives for consideration. Learned counsel has tendered copies of
the order below Exhibit-1 and the compromise terms arrived at
between the parties in the proceedings of MACP Regular Darkhast
are taken on record and marked as Annexures “A” and “A1”, for the
purpose of identification, respectively.
2. Accordingly, the First Appeal stands disposed of as
infructuous. The appellant is permitted to claim a refund of court
fees and the statutory deposit in accordance with the rules.
3. All pending civil applications stand disposed of.
[SACHIN S. DESHMUKH, J.]
rrd
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