1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.196 OF 1989 Jaykumar Ramgauda Bhosekar .. Appellant V/s Adinath Ramgauda Bhosekar .. Respondent Mr.Vishwanath Talkute for the Appellant. Mr.V.B.Rajure for the Respondent. CORAM : R.G.KETKAR, J. DATE : 29th June, 2010 P.C. : 1. Heard Mr.Talkute, learned counsel for the appellant and Mr.Rajure, the learned counsel for the Respondent. The learned counsel for the parties have tendered the consent terms dated 29th June, 2010, which are duly signed by the appellant, Respondent and their respective Advocates. The said consent terms are taken on record and marked “X” for identification. 2. Respondent Adinath and his son Bahubali have given an undertaking dated 29th June, 2010 to this Court by which they have undertaken to this Court to vacate and hand over peaceful possession of the suit property on or before 1st September, 2010 on receipt of demand draft of Rs.35,000/­ from the appellant drawn in favour of Adinath. The said undertaking is marked as “Y” for identification. Likewise, the Appellant has given an undertaking dated 29th June, 2010 to this Court in which he has undertaken that he will pay an amount of Rs.35,000/­ by demand draft drawn in the name of the Adinath (Respondent) on the date the Respondent vacates and hands over possession of the suit property on or before 1st September, 2010. The said undertaking is marked as “Z”. The undertakings given by Respondent 2 Adinath and his son Bahubali, as also the undertaking given given by the appellant are accepted. 3. After hearing the learned counsel for the parties, I am satisfied that the suit has been adjusted fully by the compromise in writing between the parties. I order that the compromise shall be recorded and the impugned judgment and decree passed by the Courts below shall stand quashed and set aside and in its place the decree be drawn in terms of the consent terms dated 29th June, 2010. 4. The appellant as also the Respondent are present in Court. They admit the correctness of the consent terms. 5. Second Appeal stands disposed of with no order as to costs. (R.G.KETKAR, J.)