1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5 OF 2008 WITH FIRST APPEAL NO. 1389 OF 2003 Yusuf Bali Mohd. Bilikhiya ..Applicant versus Budhiya Vesta Patel ..Respondent Ms Shweta Jaidev for the applicant Mr.S.B.Pawar for the respondent No.1 Mr. Nitin Mule i/b. Mr. Godbole for the respondent No. 9 None for other respondents CORAM : R.Y.GANOO, J. DATE : 6th JULY, 2009. P.C: 1. Heard learned advocates on both sides. Consent terms dated 22.5.2006 came to be placed before the Court and the first appeal No.1389 of 2003 was disposed of by passing a decree in terms of the consent terms. This fact is admitted by the learned advocate for the applicant. 2 2. According to the applicant certain obligations which were cast upon the respondents have not been fulfilled by the respondents and therefore the consent terms have not been fulfilled. With this submissions the present Civil Application is taken out for cancellation and annulment of the consent terms dated 22.5.2006 and order dated 13.6.2006. 3. If by taking the consent terms on record, the first appeal is been disposed of that would be a decree passed by this Court in the first appeal. Hence, if it is the stand of the present applicant that certain obligations are not fulfilled by the respondents and therefore the decree has become non-operative or otherwise, it will be open for the applicant to adopt appropriate proceeding and the present way to obtain reliefs as sought for is not proper. Hence the civil application is dismissed. No views are expressed on the merits of the stand taken by the applicant. (R.Y.Ganoo, J.)