Bombay High Court

SHRI JAGANNATH NIVRUTTI GHARGEversusSMT. KALAVATI BHANUDAS GHARGE and OTHER 1.

Disposal: Disposed Off

Holding

The court accepted the compromise deed, modified the earlier decrees as per its terms, and disposed of the second appeal.

Summary

In a second appeal filed by Jagannath Nivrutti Gharge against Kalavati Bhanudas Gharge and others, the parties submitted a compromise deed dated 28 September 2026, which was executed before a court‑appointed mediator. The court took the deed on record, treating its statements as undertakings. By mutual consent, the court modified the earlier judgments of the Additional District Judge (5 February 1998) and the Civil Judge, Junior Division, Vaduj (29 January 1992) to the extent specified in the compromise. Consequently, the appeal was disposed of in accordance with the compromise, and a decree reflecting the agreement was to be prepared. Any interim applications were also dismissed.

Issues considered

Whether a compromise deed executed before a court‑appointed mediator can be accepted as an undertaking to the court
Whether the court may modify earlier judgments and decrees by mutual consent of the parties
Effect of the compromise deed on the pending second appeal

Subjects

compromise deed
civil appeal
decree modification
mediation
mutual consent
court undertaking

Judgment

                                                      501-SA-340-1998.docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                  CIVIL APPELLATE JURISDICTION

                  SECOND APPEAL NO. 340 OF 1998

Jagannath Nivrutti Gharge                      … Appellant
            V/s.
Kalavati Bhanudas Gharge and Ors.              … Respondents

Adv. Dilip Bodake a/w Sharad Bhosale a/w Viraj Dhumal a/w P.
Dagade, for the appellant.
Adv. N.D. Tiwari a/w Adv. Rohit Rajput, for the respondents.
Smt. Kalavati Bhanudas Gharge and Smt. Shilla Bhanudas Gharge
are present.
                            CORAM        : RAJESH S. PATIL, J.
                              DATED       : OCTOBER 1, 2026
P.C.:
1.      Both the counsel have jointly tendered compromise deed

entered into between the parties on 28 September 2026 which,

according to them, was entered before the learned mediator

appointed by this Court by order dated 30 July 2026. Both the

counsel submit that their respective clients are present in Court and

learned counsel for the parties state that they have explained to the

signatories the contents of compromise deed and the signatories have

signed the compromise deed after understanding the contents and

they have signed / thumb impressed the said compromise deed dated

28 September 2026. The said compromise deed dated 28 September

2026 is taken on record and marked as 'X' for identification purposes.


2.      For the ease of reference, scan copy of the compromise deed is

reproduced herein below:-




                                  1/5
Rushi
              501-SA-340-1998.docx




        2/5
Rushi
              501-SA-340-1998.docx




        3/5
Rushi
              501-SA-340-1998.docx




        4/5
Rushi
                                                       501-SA-340-1998.docx


3.      All statements made in the compromise deed are taken as an

undertaking given to this Court. All undertakings are also accepted.


4.      By consent, the judgment and decree passed by the Additional

District Judge dated 5 February 1998 and the judgment and decree

passed by Civil Judge, Junior Division, Vaduj, District Satara dated 29

January 1992 stand modified to the extent of what has been stated in

the compromise deed.


5.      Accordingly, the Second Appeal stands disposed of in term of

compromise deed dated 28 September 2026.


6.      The decree be prepared as per the compromise deed entered

today and taken on record by this Court.


7.      In sequel, Interim Applications, if any, are also stand disposed

of.

                                           (RAJESH S. PATIL, J.)




                                   5/5
Rushi

Continue reading with your account

Checking your session…