Bombay High Court

SOW. ALKABAI VISHWAMBAR SAWANT AND ANRversusVISHWAMBAR JYOTIRAM SAWANT AND OTHERS

Disposal: DISPOSED OFF
Bench: MEHROZ K PATHAN

Holding

The appeal is disposed of because the parties have settled the dispute through a compromise.

Summary

The appellants, Alkabai Vishwambhar Sawant and others, filed a second appeal challenging the acquisition of Survey No. 127 by the Government. During the hearing, the parties submitted a compromise deed covering the disputed land, signed by all claimants and respondents, including the legal heirs of the original respondent. The compromise was placed on record and identified as ‘X’. In light of the settlement, the appellants expressed that they no longer wished to pursue the appeal. The Court, noting the parties' agreement, disposed of the second appeal on the basis of the compromise.

Issues considered

What is the effect of a compromise agreement on the continuance of a pending appeal?

Subjects

compromise
second appeal
land acquisition
settlement
procedural disposal

Judgment

2026:BHC-AUG:589

                                         1                      902(ii).SA-560-2023.doc




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                            SECOND APPEAL NO. 560 OF 2023
                   SOW. ALKABAI VISHWAMBAR SAWANT AND ANR
                                    VERSUS
                   VISHWAMBAR JYOTIRAM SAWANT AND OTHERS

                                         …
              Advocate for Appellants : Mr. Sonkawade Amarsinha Dharmaraj
             Advocate for Respondent Nos. 5A and 6 to 10 : Mr. V.G. Kodale

             Advocate for Respondent Nos. R/1-A to 1-C : Mr. Shubham S. Kote
                                       …

                                      CORAM : MEHROZ K. PATHAN, J.
                                         DATE : 8th JANUARY, 2026

              PER COURT :
              1.       The learned Counsels for the Appellants, as well as for
              Respondent Nos. 5A and 6 to 10, and the learned Counsel appearing
              for the newly added Respondents, i.e., the legal heirs of Respondent
              No. 1 as R/1A to R/1C, have tendered at the bar a copy of the
              compromise entered into between Alkabai Vishwambhar Sawant,
              Sunita Harishchandra Solunke, Parmeshwar Vishwambhar Sawant,
              Manisha Umesh Survase, Yashoda Sandeep Jagdale, Dhondiram
              Madhavrao Somwanshi, Kushabai Madhavrao Somwanshi, Anita
              Waghambar Shinde, Prabhakar Ramrao Somwanshi, and Tanaji
              Prabhakar Somwanshi.
              .        The aforesaid persons have entered into a compromise in
              respect of Survey No. 127, which has been acquired by the
                             2                      902(ii).SA-560-2023.doc




Government. The terms of the compromise have been placed on
record and are marked as ‘X’ for identification.


2.         Thus, in view of the said compromise, the Appellants do not
want to prosecute the present Second Appeal. The Second Appeal is
accordingly disposed of in terms of the compromise.



                                            MEHROZ K. PATHAN
                                                JUDGE




NAJEEB..

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