( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ SECOND APPEAL NO.104 OF 2009 SECOND APPEAL NO.104 OF 2009 SECOND APPEAL NO.104 OF 2009 Imtiyaz Abdulsattar Khanapuri and Ors. ..Appellants V/s. Vasant Gangaram Pandit ..Respondent ...... Mr. Narendra V. Walawalkar Sr. Counsel i/by Mr. G.H. Keluskar for the appellants Mr. A.A. Kumbhakoni, Sr.Counsel i/by Amit B. Borkar for respondent ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 8th May, 2009 DATED : 8th May, 2009 DATED : 8th May, 2009 P.C.: P.C.: P.C.: 1. Parties have arrived at terms as and by way of an amicable settlement. Hence, second appeal is taken up for final hearing. Oral notice issued to respondent of final hearing of second appeal is waived by learned advocate Mr.Kumbhakoni. Second appeal stands admitted and taken up for final hearing. It is seen that before the learned Civil Judge, Joint Junior Division, Sawantwadi in Regular Civil Suit No.98 of 2003, certain questions regrading construction of a connecting road between A & B wing and C & D wing and allotment of stilt area in the building to occupants of A building and B building was before the Court. The said Joint Civil Judge, Junior Division, Sawantwadi decided the suit by judgment and decree ( 2 ) dated 24th January, 2006 against which appeal came to be filed being Regular Civil Appeal No.44 of 2006 and the said appeal was decided by learned District Judge-1, Sindhudurg by judgment and decree dated 7th November, 2008 against that, present appellants have filed this second appeal. 2. Learned advocate on both the sides tendered in the Court Minutes of Order dated today i.e. 8th May, 2009 signed by all the appellants except appellant No.2 to 8 and advocate for the appellants and respondent and advocate for the respondent. Learned Senior Counsel Mr. Walawalkar states that appellants No.2 and 8 have not signed the Minutes of order. He has oral instructions from them to apply for orders as per Minutes of Order which are tendered in the Court. Both the learned advocates tendered in the Court original Minutes of Order as stated above and prayed for decree in terms of Minutes of Order. Hence, following order is passed so as to dispose off this Second Appeal. ORDER ORDER ORDER . The Minutes of order dated 8th May, 2009 are taken on record and marked as "X" for identification. There shall be a decree in ( 3 ) this second appeal in terms of Minutes of Order dated 8th May, 2009. There shall be no order as to costs. 3. Both the learned Counsels have assured the Court that parties shall act in terms of Minutes of Order. 4. Civil Application No.455 of 2009 is disposed of with no order as to costs in view of the order in the second appeal. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)