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2005 DAILYLAW 1825 (BOM)

RAMKUNWAR KUNDANLAL GUPTA DIED THROUGH LRS MAHENDRA RAMKUMAR GUPTA AND OTHERS v. RAMNIVAS BANSILAL LAKHOTIYA DIED THROUGH LRS TARABAI RAMNIVAS LAKHOTIYA AND ANOTHER

CA/7183/2026 · 2026-07-10

Shri Sachin S Deshmukh

body2005

Judgment text

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201 SA240.2005 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 201 CIVIL APPLICATION NO. 7183 OF 2026 WITH SECOND APPEAL NO. 240 OF 2005 . RAMKUWAR KUNDANLAL GUPTA DIED THROUGH LRS 1A. MAHINDRA RAMKUWAR GUPTA 1B. RAJENDRA RAMKUWAR GUPTA 1C. JITENDRA RAMKUWAR GUPTA .. Applicants Versus . RAMNIVAS BANSILAL LAKHOTIYA (DECEASE) THROUGH LRS 1A SMT. TARABAI RAMNIVAS LAKHOTIYA 1B HEMENDRA RAMNIVAS LAKHOTIYA 2. RAMPYARIBAI BNASILAL LAKHOTIA (Abated) .. Respondents ... Advocate for Applicants: Mr. Niranjan Deshpande Advocate for Respondents 1A & 1B in SA : Ms. Khushi K. Warma ... CORAM : SACHIN S. DESHMUKH, J. Date : 10.07.2026 PER COURT :- 1. The parties are present. The terms are also verified by the Registrar (Judicial) of this court. 2. In that view of the matter, the impugned Judgment and Decree is modified in terms of Para 3A and 3B of Civil Application No.7183 of 2026, which reads as under: 2026:BHC-AUG:27880 201 SA240.2005 -2- “3. …. COMPROMISE TERMS A. The Plaintiff agrees that, the Defendants are the owners and possessors of the suit property being C.T.S. no.156 sheet no.29 Chalta no.41/4, together with portion of C.T.S. NO.159 to the extent of 8 mtr north south and 2.75 mtr east west, and the Plaintiff withdraws its claim for declaration of ownership and consequential prayers made in Special Civil Suit no.78 of 1990 in prayer clause B to D with respect to the suit property. B. In view of this settlement, the Defendants have paid Rs.4,46,000/- (in words Four Lakhs Forty-Six Thousand only) at the time of recording of this compromise terms before this Hon’ble Court. Therefore, there is no pending dispute between the original Plaintiff and the Defendant with respect to the suit property mentioned hereinabove and they agree that they will not claim any right against each other.” 3. The Decree be drawn accordingly. 4. Accordingly, the Civil Application and, consequently, the Second Appeal are disposed of. (SACHIN S. DESHMUKH, J.) marathe