Bombay High Court

CA/5378/2001 of MARTAND BALAJI KULKARNI(DECD)LRS SHARAD AND ANR Vs BHASKAR T.KULKARNI(DECD)LRS NIRMALA B.K. AND ORS on 4 November 2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 911 SECOND APPEAL NO. 365 OF 1995 MARTAND BALAJI KULKARNI DIED (L.RS.) SHARAD AND ANOTHER VERSUS BHASKAR TRIMBAK KULKARNI DIED (L.RS.) NIRMALA AND OTHERS ... Advocate for Appellant Nos.1( A ) to to 1(D): Mr. Rahul P.

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911 SA.365.1995.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 911 SECOND APPEAL NO. 365 OF 1995 MARTAND BALAJI KULKARNI DIED (L.RS.) SHARAD AND ANOTHER VERSUS BHASKAR TRIMBAK KULKARNI DIED (L.RS.) NIRMALA AND OTHERS ... Advocate for Appellant Nos.1(A) to to 1(D): Mr. Rahul P. Dhase. Advocate for Appellant No.2 : Mr. R. P. Adgaonkar, a/w Mr. S P. Desale. Advocate for Respondent Nos.1-A to 1-C : Mr. A. S. Bajaj. Advocate for Respondent Nos.2A, 2b, 6-C(i) to 6-C(iii): Mr. M. M. Bhokarikar. Adv. for Respondent Nos.3A to G, 4A to 4E, 5, 7, 9A to 9G & 21 : Mr. Sanket Kulkarni, h/f Mr. V. T. Choudhari. ... WITH CIVIL APPLICATION NO. 5592 OF 2025 IN SA/365/1995 WITH CIVIL APPLICATION NO. 5378 OF 2001 IN SA/365/1995 ...

CORAM :

SANJAY A. DESHMUKH, J. DATE : 04th November, 2026. P.C.:

The learned Advocates for the Appellants and Respondents are present before this Court. They submit that the matter has been compromised before the Mediator and as per the Mediator’s report, the appeal being compromised, deserves to be disposed of. The Mediator’s report is taken on record and marked as ‘X-1’ for identification. 2026:BHC-AUG:55109

911 SA.365.1995.odt

It is pointed out that as per the notarized partition deed dated 15th December, 2003, the matter has been settled out of the Court. Civil Application No.5592 of 2025 filed for production of notarised memorandum of partition deed, therefore, deserves to be allowed as prayed. Civil Application No.5592 of 2025 is allowed.

The Second Appeal and the pending civil applications are also disposed of in terms of compromise.

It is clarified that, it is not necessary to draw the decree as there is notarized memorandum of partition deed itself. [ SANJAY A. DESHMUKH, J. ] nga

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