1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 875 OF 2006 WITH FIRST APPEAL NO.876 OF 2006 WITH FIRST APPEAL NO.877 OF 2006 WITH FIRST APPEAL NO.878 OF 2006 WITH FIRST APPEAL NO.879 OF 2006 WITH FIRST APPEAL NO.880 OF 2006 WITH FIRST APPEAL NO.881 OF 2006 WITH FIRST APPEAL NO.882 OF 2006 WITH FIRST APPEAL NO.883 OF 2006 WITH FIRST APPEAL NO.884 OF 2006 WITH FIRST APPEAL NO.885 OF 2006 WITH FIRST APPEAL NO.886 OF 2006 WITH FIRST APPEAL NO.887 OF 2006 WITH FIRST APPEAL NO.888 OF 2006 WITH FIRST APPEAL NO.889 OF 2006 WITH FIRST APPEAL NO.890 OF 2006 WITH FIRST APPEAL NO.891 OF 2006 2 WITH FIRST APPEAL NO.892 OF 2006 Office Notes, Office Court's or Judges Orders Memorandum of Coram Appearances, Court's Orders or Directions and Registrar's Orders Mr. Ralston Fernandes for Appellant Ms. Yogi S. Joshi & Mr. V.J. Brahmbhatt for Respondents 1 and 2 CORAM: SMT.ROSHAN DALVI,J. DATED: 20TH JUNE, 2007 P.C. 1. Heard parties and by consent Appeals taken up. 2. The Consent terms between the Respondents Nos.1 to 4 and the Appellant herein is duly tendered and taken on record and marked “X” for identification. 3. In view of the Consent terms arrived at between the parties the Judgment dated 15 th December, 2005 and Decree dated 9 th January, 2006 under Appeal is set aside. 4. The agreement, declaration and undertakings of the Respondents 1 to 4 as more particularly recorded in consent terms and MOU dated 12 th June, 2007, is hereby recorded and accepted. 5. The Respondent Nos.1,2,3 and 4 admit confirm and 3 acknowledge that neither themselves nor the estate of Late Shri Vithaldas Khimji and of Late Diwaliben Vithaldas has any claim to the suit property. 6. There shall be refund of half of the Court Fees if any paid in this Appeal. 7. Liberty to apply in case of difficulty. 8. Each party to bear and pay their own costs. (SMT. ROSHAN DALVI, J.)