-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.353 OF 2008 In SUMMARY SUIT NO.226 OF 1999 Shanti Devi Rewachandji Mehta & Ors. : Appellants (Orig.Defendants) V/s. Mrs.Dadi Devi B. Banigotha : Respondent (Orig.Plaintiff) ... Mr.Sumeet Moholikar i/b. Pillai & Co., for the appellants. Mr.Ramesh Jain for the respondent. ... CORAM : SWATANTER KUMAR, C.J.& S.A. BOBDE, J. DATE : DECEMBER 17, 2008. P.C. 1. With the consent of the learned counsel appearing for the parties, the appeal itself is taken up for hearing. The learned counsel appearing for the parties have agreed that they have instructions to say that the appeal may be -: 2 :- disposed of by consent. The appeal is disposed of in the following agreed terms:- (a) The judgement and decree dated 5.9.2005 is set aside and the appellants herein be given leave to file Written Statement within four weeks from today. (b) If Written Statement is not filed within four weeks, the appeal would stand dismissed and the respondent in the appeal shall be entitled to execute the decree dated 5.9.2005. (c) In the event the Written Statement is filed and further subject to the condition that the appellants before this Court deposit the entire decretal amount as on today within four weeks, subject to compliance of these conditions, Written Statement will be taken on record and the suit to proceed, in accordance with law. (d) In the event of default of all or any of the conditions stated in the consented order, the decree shall stand and will be executable, in accordance with law. -: 3 :- 2. The above directions are otherwise just, fair and equitable. We pass order in terms of the agreed terms and disposed of the appeal finally. CHIEF JUSTICE S.A. BOBDE, J.