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IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD.

SECOND APPEAL NO. 604 OF 2014

DISTRICT: AHMEDNAGAR

1. Eftekar Abdul Hamid Khan,

Age- 71 Years, Occ-

Business, R/o- Haji Ibrahim

Estate, Station Road,

Ahmednagar,

Dist.

Ahmednagar.

2. Arshad Abdul Hamid Khan,

Age- 73 Years, Occ-

Business, R/o- Haji Ibrahim

Estate, Station Road,

Ahmednagar,

Dist.

Ahmednagar.

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3. Zaki Anwar Abdul Hamid

Khan, Age- 74 Years, Occ-

Business, R/o- Haji Ibrahim

Estate, Station Road,

Ahmednagar,

Dist.

Ahmednagar

… APPELLANTS

(Original plaintiffs)

VERSUS

1. Sayyad Anwar Sayyad

Abbas, Age- 75 Years, Occ-

Business, R/o- Haji Ibrahim

Estate, Station Road,

Ahmednagar,

Dist.

Ahmednagar.

2. Akilabano Sayyad Akbar

Abbas, Age- 83 Years, Occ-

Household, R/o- Haji

Ibrahim Estate, Station

Road, Ahmednagar, Dist.

Ahmednagar.

…RESPONDENTS

(Original defendants)

COMPROMISE DEED

MOST RESPECTFULLY SHOWETH AS UNDER:

1.

The appellants are original plaintiffs. The

respondents are original defendants. The parties hereinafter

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referred to their nomenclature in the suit for the sake of brevity

and convenience.

2.

The plaintiffs had filed suit bearing special civil

suit No. 350 of 1995 which was renumbered as Regular Civil

Suit No. 698 of 2000 against the defendants for specific

performance and possession. The relief was sought against the

defendant No.01 to perform the terms of agreement to sale

dated 26-08-1994 which was said to be executed in favour of

plaintiffs by defendant No.01. The ¼ share of defendant No. 1

in two storied building in block No. 13 and 14 standing in

property bearing T.P. scheme No.03, final plot No. 50 out of its

sub plot No. F-6, admeasuring 542.93 sq. meters and out of it

northern side portion admeasuring 273.09 sq. meters was

sought to be purchased by way of specific performance of

contract.

3.

The suit was dismissed by judgment and decree

dated 02-05-2008 by learned Civil Judge, Senior Division,

Ahmednagar.

4.

The plaintiffs preferred appeal against the

dismissal of suit in the court of learned District Judge,

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Ahmednagar by way of Regular Civil Appeal No. 156 of 2008.

The learned Principal District Judge, Ahmednagar by way of

judgment and order dated 14-07-2014 pleased to dismiss the

appeal.

5.

The plaintiffs aggrieved thereby have preferred the

present second appeal bearing No. 604 of 2014 which has been

admitted by order dated 27/08/2021.

6.

The parties have arrived at settlement and as such

the present compromise deed is being filed on record so as to

pass the decree in terms of present compromise deed. The

agreed terms are as follows;

I.

That, the plaintiffs have waived their right, title, interest

in land and two storied building in block No. 13 and 14

standing in property bearing T.P. scheme No.03, final

plot No. 50 out of its sub plot No. F-6, admeasuring

542.93 sq. meters situated at Ahmednagar Dist.

Ahmednagar.

II.

That, the plaintiffs had purchased 1/4 share out of the

same property by way of sale deed dated 25-08-1995

from Sayyad Musthak Sayyad Abbas and 1/4 share from

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Sayyad Ekram Sayyad Abbas by way of sale deed dated

30-08-1995. The plaintiffs had also got executed

agreement to sale from Sayyad Nadim Sayyad Akbar by

agreement to sale dated 23-06-1995 for 1/4 share of the

property. In the present suit the 1/4 share of out of the

same property was sought to be purchased by the

plaintiffs by Sayyad Anwar Sayyad Abbas i.e. defendant

No.01 by way of agreement to sale dated 26-08-1994.

III.

That, the suit for partition and injunction bearing Special

Civil Suit No. 379 of 1995 was filed by Akilabano

Sayyad Akbar for partition and possession against the

defendant No.01 Sayyad Anwar Sayyad Abbas, Sayyad

Musthak Sayyad Abbas, Sayyad Ekram Sayyad Abbas

and plaintiffs in present suit. The plaintiff in the said suit

is happen to be wife of Sayyad Akbar. Sayyad Akbar,

Sayyad Ekram, Sayyad Abbas and Sayyad