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2016 Supreme(Bom) 1141

ANOOP V.MOHTA, G.S.KULKARNI
Manoj Pransukhlal Sagar – Appellant
Versus
Indian Oil Corporation Ltd. Through Senior Administrative Manager, Administration Dept. – Respondent


Advocates Appeared:
For the Appellant : Mr. D.J.Khambata, Senior Counsel with Ms. Anita A.Agarwal and Mr. Ashish Agarwal, Adv.
For the Respondent: Mr. V.A.Thorat, Senior Counsel with Mr. S.S.Kanetkar & Mr. V.A.Sugdare, Adv.

JUDGMENT :

G.S.Kulkarni, J.

1. The Applicant is the original Plaintiff in Special Civil Suit No.133 of 2004 filed against the Respondents-original defendants. The suit came to be decreed by the learned Civil Judge, Senior Division, Satara (the Trial Court) by judgment and order dated 7 April 2009 against which the Respondents in this application (original defendants) have filed the above First Appeal. The First Appeal is pending final hearing. In this first appeal the Applicant (Plaintiff) has filed the present Civil Application on 10 July 2015 under Order 23 Rule 3 of the Code of Civil Procedure inter alia for the following prayers:

“(a) this Hon'ble Court be pleased to record the Compromise at Exhibit “C” and to pass a decree in accordance with the Compromise in Special Civil Suit No.133 of 2004 and in First Appeal No.780 of 2009;

(b) this Hon'ble Court be pleased to pass such orders and directions as are necessary for disposal of the Special Civil Suit No.133 of 2004 and First Appeal No.780 of 2009 in view of the Compromise and decree;”

We refer to the parties as they stand in th





































































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