ASN 1 Appeal-762.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARYORIGINAL CIVIL JURISDICTION APPEAL LODGING NO.762 OF 2011 Sunil Prakash Agarwal and anr. ...Appellants. Vs. Atamprakash Agarwal and anr. ...Respondents. Mr. Gaurav Joshi and Raj Panchmania i/by Udwadia and Udeshi for Appellants. Ms. Ambika Singhania i/by Munir Merchant for Respondent No.1. Mr. G. Misquitta i/by Eastley Law & Co. For Respondent No.3. CORAM : MOHIT S. SHAH, C. J. AND SMT. ROSHAN DALVI, J. DATE : 18 NOVEMBER 2011 PC: The learned counsel for the parties state that the parties have already signed the consent terms and the parties do not wish to have Clause No.8 incorporated in the consent terms. Parties accordingly request that they may be permitted to delete Clause No.8 from the consent terms. 2 In view of the above, notice issued by the learned Trial Judge by impugned order dated 8 November 2011 to the Government Pleader will not survive. The consent terms are accordingly, accepted and the Suit No.818 of 1993 as well as this appeal are accordingly ASN 2 Appeal-762.sxw disposed of in terms of the consent terms which are taken on record and marked “X” for identification. The original copy of the consent terms is filed before the learned Trial Judge and the copy of the same is taken on record. Accordingly, the suit and the appeal are disposed of. Undertakings contained in the consent terms are accepted. 3 Amendment of the consent terms by deletion of Clause No.8 shall also to be carried out in the original consent terms which are lying in the record of the suit pending before the learned Trial Judge, within two weeks from today. 4 This order is passed in presence of the parties. CHIEF JUSTICE ( SMT. ROSHAN DALVI, J. )