:1: :1: :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 APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 54 OF 2004 SECOND APPEAL NO. 54 OF 2004 SECOND APPEAL NO. 54 OF 2004 ----------------------------------------------------------------------- ---------------------------------------------------- ---------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders ----------------------------------------------------------------------- Dilip Bodake for the appellants. Pradip R. Shingate for respondent nos.1 to 6. CORAM: S.B. DESHMUKH, J. CORAM: S.B. DESHMUKH, J. CORAM: S.B. DESHMUKH, J. DATE : SEPTEMBER 4, 2006. DATE : SEPTEMBER 4, 2006. DATE : SEPTEMBER 4, 2006. P.C. : P.C. : P.C. : 1. Heard the learned counsel for the appellant as well as the respondents. 2. The learned counsel for the parties, have, filed consent terms alongwith Power of Attorney and Affidavit. Consent terms, is taken on record and marked by letter ‘X’ for identification and taken on record. Affidavit of one Balu Bappu Takkekar and Vilas Wake are marked by letter ‘Y’ collectively and taken on :2: :2: :2: record. Appellant through power of attorney holder is present in court. Respondents, also through power of attorney , are present before the court. Appellant no.2 is also present in court and confirm the consent terms. Both the power of attorney holders confirm the consent terms, Exhibit-X. The consent terms filed by the parties, are verified. 3. Decree in terms of consent terms. Second Appeal stands disposed off in terms of consent terms. No costs. (JUDGE) :3: :3: :3: 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 APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 56 OF 2006 SECOND APPEAL NO. 56 OF 2006 SECOND APPEAL NO. 56 OF 2006 ----------------------------------------------------------------------- ---------------------------------------------------- ---------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders ----------------------------------------------------------------------- Dilip Bodake for the appellants. Pradip R. Shingate for respondent nos.1 to 6. CORAM: S.B. DESHMUKH, J. CORAM: S.B. DESHMUKH, J. CORAM: S.B. DESHMUKH, J. DATE : SEPTEMBER 4, 2006. DATE : SEPTEMBER 4, 2006. DATE : SEPTEMBER 4, 2006. P.C. : P.C. : P.C. : 1. Heard Mr. Bodake for the appellant. 2. He submits, that this appeal s filed by one of the defendants in the original suit. Companion appeal No. 54 of 2004, :4: :4: :4: is disposed off in terms of compromise by this court today. 3. In this view of the matter, Learned counsel appearing for the appellant, submits, that this appeal, now does’nt survive in view of the consent terms filed in S.A. 54 of 2004. 4. This Second Appeal therefore stands disposed off in view of the consent terms filed in S.A. 54 of 2004. No costs. (JUDGE)