: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 APPELALTE JURISDICTION CIVIL APPELALTE JURISDICTION CIVIL APPELALTE JURISDICTION SECOND APPEAL (ST) NO.8715 OF 2001 SECOND APPEAL (ST) NO.8715 OF 2001 SECOND APPEAL (ST) NO.8715 OF 2001 Shaikh Yakub Shaikh Abdul .. Appellant V/s Shaikh Inus Shaikh Abdul & Ors. .. Respondents ----- Mr.Gangadhar J.Sabnis for the Appellant. Mr.A.G.Kandekar for the Respondents. CORAM : DR.S.RADHAKRISHNAN,J. CORAM : DR.S.RADHAKRISHNAN,J. CORAM : DR.S.RADHAKRISHNAN,J. DATE : 7TH JUNE, 2006. DATE : 7TH JUNE, 2006. DATE : 7TH JUNE, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. It appears that the above appeal was dismissed in default on 10th March, 2006. The learned Counsel for the Appellant points out that in fact he had furnished a leave note to the Office that he will not be attending the Court on 10th March, 2006. Due to inadvertence, the above appeal came to be dismissed in default. However, the learned Counsel for the Respondents has no objection whatsoever to restore the above appeal. Hence, the appeal stands restored to file. 2. The learned Counsel for the parties submitted that they have already settled the matter pertaining to partition which is reflected in the consent terms. The said consent terms dated 23th November, 2005 has been duly signed and notified by the parties and their :2: Counsel. The same is taken on record and marked as ‘X’ for identification. The Appeal stands disposed of in terms of the consent terms. 3. The learned Counsel for the Appellant undertakes that he will get the appeal numbered within a period of four weeks from today. (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)