( 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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.437 OF 2007 APPEAL NO.437 OF 2007 APPEAL NO.437 OF 2007 IN IN IN NOTICE OF MOTION NO.2476 OF 2007 IN SUIT (LODGING) NO.1052 OF 2007 Abdul Latif Kasmani & Ors. .. Appellants V/s Nitin B.Shetty & Anr. .. Respondents Ms.Sangeeta Musale h/f.Mr.Vinay Hegade for Appellants. Mr.S.K.Chari i/by M/s.S.K.Legal & Associates for Respondent No.1. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 17th March, 2008. DATE : 17th March, 2008. DATE : 17th March, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. The parties have mutually settled the matter in terms of the Consent Terms dated 17.3.2008. The said Consent Terms duly signed by the Appellants (being the original Defendant Nos.1 to 4), as well as by the Respondent No.1 (being the original Plaintiff), and by the Respondent No.2 (being the original Defendant No.5) and their respective Advocates are taken on record and marked ‘X’ for identification. The undertakings given in the Consent Terms are accepted. 2. The Appellant No.1 is not personally present before the Court as he is stated to be aged and is represented by his son being the Appellant No.2. Appellant Nos.2, 3 and 4, and the Respondent No.2 (being the original ( 2 ) Defendant No.5) are personally present before the Court. They say that they have understood the Consent Terms, and are agreeable to the said Consent Terms. 3. Appeal stands disposed of in terms of the aforesaid Consent Terms. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) J.) J.)