: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.372 OF 2008 ALONG WITH CIVIL APPLICATION NO.1458 OF 2009 Sundarbai Dattatraya Kokate, Decd., Thru’ Shrikant D. Kokate & Anr. .. Appellants V/s. Rajaram Krishna Kadam, Decd., Thru’ Pushpa @ Chhaya R. Kadam & Ors... Respondents Ms. A.R.S. Baxi for the Appellants. Mr. P.D. Pise for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 27 TH APRIL, 2010. P.C.: 1. The consent terms have been handed in by the learned Advocates appearing for the parties. The consent terms have been signed by the appellants, respondents and their respective Advocates. The consent terms are taken on record and marked “X” for identification. 2. The Second Appeal is disposed of in terms of the consent terms. Decree to be drawn up in terms of the consent terms. 3. In view of the above, Civil Application No.1458 of 2009 pending in the Second Appeal does not survive and the same is dismissed as infructuous.