1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 163 OF 2009 IN NOTICE OF MOTION NO. 2221 OF 2008 IN SUIT NO. 2710 OF 1989 Abbas Ramzan ).. Appellant Versus Ali Saboonchi and others ).. Respondents Mr. R.N. Bhagattjee for the Appellant. Mr. SheikhYusuf Ali i/b P. Mahomedbhai & Co. for Respondent Nos.1 to 6. Mr. M. Shirazi i/b Mulla & Mull for Respondent No.9. CORAM : SWATANTER KUMAR, C.J. AND A.M. KHANWILKAR, J. DATED : 20TH JULY 2009 P.C. The learned Counsel appearing for the parties claim that the matter stands settled between the Plaintiff and Defendant Nos.4 to 10. However, Defendant No.3 is not a party to this compromise. According to the Consent Terms, which for the purposes of identification is marked “X”, Suit No.2710 of 1989 and the present Appeal both are withdrawn and the Plaintiff and Defendant Nos.4 to 10 will be bound by the Consent Terms marked “X” as per their statement. This settlement will have no effect and 2 is without prejudice to the rights and contentions of Defendant No.3 in the Suit and Respondent No.9 in the present Appeal. He will be at liberty to take such steps as are permissible to him in accordance with law in regard to the transaction in question. 2. Both the Appeal and Suit No.2710 of 1989 disposed of. 3. In view of the disposal of the Appeal, nothing survives in Notice of Motion No.175 of 2009 and the same is disposed of accordingly. CHIEF JUSTICE A.M. KHANWILKAR, J.