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 second appeal is disposed of in terms of the compromise deed, and the title clause of the appeal memorandum is permitted to be amended.
Summary
The appellant, Ashtavinayak Pratishthan Latur Charitable Trust, filed a second appeal (No. 131 of 2024) against Rotary Welfare Society. Both parties appeared before the Hon'ble Justice Sanjay A. Deshmukh and submitted that they had executed a compromise deed dated 10 September 2026, thereby settling the dispute amicably. The court took the compromise deed on record as exhibit X‑1. In view of the settlement, the court allowed the amendment of the title clause of the appeal memorandum and ordered that the second appeal be disposed of in terms of the compromise. Any pending civil applications related to the matter were also directed to stand disposed. The judgment reflects the court’s practice of enforcing parties’ settlement agreements and closing pending litigation accordingly.
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 light of the compromise.
Subjects
- compromise deed
- second appeal
- amendment of title clause
- civil procedure
- settlement
Judgment
2026:BHC-AUG:42104
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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