abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1122 OF 1995 Paliben Nathubhai Desai & Ors. .. Appellants V/s Mehul Jadavji Shah .. Respondent Mr.Sandesh Deshpande for the appellants. Ms. S. John i/b M.P. Savla & Co. for the respondent. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 12TH MARCH 2009 P.C. P.C. P.C. : 1. Further to our orders dated 24th February 2009 and 3rd March 2009, the parties are present before us (appellant no.3 in person, appellant nos.1 & 2 through the Power of Attorney of the son of appellant no.2 and the respondent through the Power of Attorney Mr.Ravindra Kanji Myatra) and they have placed before us the Consent Terms duly signed by them along with their respective advocates. - 2 - 2. It has been agreed between the parties that the impugned decree passed by the learned Civil Judge, Dadra & Nagar Haveli at Silvassa on 30th September 1995 shall be substituted and modified in terms of the decree as per the Consent Terms. The impugned decree covers an area admeasuring 5 acres equivalent to 20,000 sq.ms comprising Survey Nos.5 and 46 of Village Dadra in Union Territory of Dadra & Nagar Haveli. By way of an amicable settlement, which has been reduced in the form of Consent Terms, the original plaintiff has agreed to be satisfied with the area admeasuring 7879.14 sq.ms. located in Survey No.46 (Part) of Village Dadra and more particularly mentioned in the Schedule to the Consent Terms and his prayer for specific performance accordingly stands limited and settled in terms of the said Consent Terms. The parties have verified the Consent Terms before the Court and they have stated that the settlement is voluntary and without any or coercion and pressure on any of them. The area of 7879.14 sq.ms. from Survey No.46 (Part), as has been agreed to be parted with by the defendants, has been shown in the sketch annexed to the Consent Terms and it is bounded by the red lines as indicated in the sketch. For identification, the Consent Terms are marked as "X", the Schedule is marked as "Y" and the sketch is marked as "Z". - 3 - 3. The balance amount of Rs.3,26,993/-, that is to be paid by the plaintiff to the defendants, has been agreed to be paid by demand drafts (photostat copies of the demand drafts have been annexed to the Consent Terms) and the original demand drafts have already been handed over to Mr.Deshpande in the Court today. 4. We are satisfied that the Consent Terms are in the interest of both the parties and they are just and proper. 5. Hence, the appeal stands partly allowed and we direct that the impugned decree be modified and substituted by a decree to be issued by the Registry of this Court in terms of the Consent Terms placed on record. 6. Costs in the cause. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)