1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.977 OF 2009 Shri.Kamal Mahavirprasad Morarka .. Appellant V/s Shri.Mohan Atmaram Patil & Ors. .. Respondents Mr.Rajesh Patil, Advocate i/by Mahesh Jani & Co.for the Appellant. Ms.Smita Mhatre, Advocate for Respondent No.1 & 2. Mr.Raju Yamgar, Advocate for Respondent No.3. Appellant and the Respondent Nos.1 and 3 are present in Court. CORAM : V.C.DAGA & R.G.KETKAR, JJ. DATE : 10TH JANUARY, 2011 P.C. : 1. Heard learned counsel for the parties. Perused the appeal memo, the impugned order and the consent terms arrived at between the appellant and the Respondents which are duly signed by the parties and their respective Advocates. The consent terms are explained to the parties and they admit the contents incorporated and recorded in the consent terms. The consent terms are taken on record and marked ‘X’ for identification. Having examined the same, the consent terms are reasonable and can be accepted. Accordingly, first appeal is disposed of in terms of the consent terms. 2. The impugned judgment and decree stands modified to that 2 extent, as per the consent terms. The decree be drawn in terms of the consent terms. 3. Parties to bear their own costs. Needless to mention that there shall be liberty to apply for refund of court fees as per the rules. (R.G.KETKAR, J.) (V.C.DAGA, J.)