- 1 - prod-5cas-1395-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1395 OF 2011 IN SECOND APPEAL NO.702 OF 2006 Shri Dattatraya C. Dhapte & Others .. Applicants V/s. Sardar Katarsingh Lalsingh (since deceased) through his Legal Heir- 1A-Smt. Surjeetkau K. Sahota & Others .. Respondents. Mr. S. U. Dhakephalkar, for Applicants. Mr. S. A. Oak i/b. M/s. Mahesh Memon & Co., for Respondent No.1A. CORAM : G.S.GODBOLE,J. DATE : 11th OCTOBER, 2011. P.C. Not on board. Upon mentioning, taken on board. 1 By consent, the Civil Application is allowed in terms of prayer clauses (a), (b) and (c). Leave to amend the cause title of the Second Appeal, is granted. Amendment in the title of the Second Appeal to be carried out forthwith in the Court. 2 Advocate for Respondent No.1A has tendered Vakalatnama signed by the newly added Respondent Nos.2A and 2B. Same is taken on - 2 - prod-5cas-1395-2011 record. Parties have tendered consent terms. Applicant Nos.2, 3 and 4 are present in the Court and have acknowledged that the entire dispute is settled out of Court in terms of consent terms. So also, Respondent No.1 is present along with Respondent Nos.2A and 2B who are her grand sons and all of them have acknowledged that the entire dispute is settled out of Court. 3 As far as Applicant No.1 is concerned, the medical certificate dated 10th October, 2011 is produced in the Court, indicating that he is unable to travel to Bombay on account of his ill health. The consent terms are taken on record and marked as “X” for identification. The medical certificate is also taken on record and marked as “Y” for identification. The Sale Deed, pursuant to the compromise between the parties has already been executed and duly registered at Serial No.9740/2011. 4 In view of the settlement out of the Court, which is already effected and since Advocate for Respondent No.1A has acknowledged that the Demand Drafts of Rs.30,00,000/- (Rupees Thirty Lakhs only) have already been received, there will be decree in terms of the consent terms and in terms of clause 7 of the consent terms, possession will be handed over. (G.S.GODBOLE,J.)