1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 512 of 2006 Pallavi Chadavarkar .. Appellant versus Mohan Anand Chandavarkar & ors. .. Respondents ... Mrs.Rekha Rajagopal for the appellant. Mr.Aspi Chinoy, Sr.Counsel i/b Ashish Naik for respondent nos.1 and 2. Mrs.Usha K. Dahanukar and Soma Singh for respondent no.3. CORAM : D.G. KARNIK, J DATED : 10th October 2008 P.C.: 1. Learned counsel for the appearing parties hand in the consent terms. 2 2. Consent terms are signed by the appellant who is present in the court in person and is identified by her counsel. She admits her signature and the contents of the consent terms. The consent terms are also signed by respondent no.3 who is the husband of the appellant. Respondent no.3 is present in the court in person and is identified by his counsel. He admits his signature and the contents of the consent terms. 3. Consent terms are signed by Mr.Pandurang B. Pandit as Constituted Attorney of respondent nos.1 and 2. Copies of the Power of Attorneys are annexed to the consent terms. Clause no.5 of the two Power of Attorneys of respondent nos.1 and 2 authorises the attorney to negotiate the settlement and to endorse the same. Mr.Pandit is personally present in the court and is identified by counsel for respondent nos.1 and 2. Mr.Pandit admits his signature and states that he has consulted the respondent nos.1 and 2 before signing of the consent terms and has signed the consent terms after obtaining their oral approval. 3 4. Consent terms are also signed by the advocates for the parties. 5. Counsel for respondent nos.1 and 2 states that the consent terms are not only in respect of the dispute between the appellant and the respondents covered by the suit but also cover other settlement. He invites my attention to Rule 3 of Order 23 of the Code of Civil Procedure and the amendment made thereto which permits the settlement to be recorded "so far as it relates to the parties to the suit, whether or not the subject matter of the agreement, compromise or satisfaction is the same as the subject matter of the suit". He submits that in view of the amendment to Rule 3 of Order 23, the matters which are not the subject matter of the suit can also be settled by the consent terms. Counsel for the appellant and respondent no.3 also support the submission. The submission is accepted. 6. Consent terms are taken on record and marked "X" for identification. There shall be order in terms of consent terms. (D.G. KARNIK, J)