1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5427 OF 2005 IN FIRST APPEAL NO. 330 OF 1997 Dwarkabai Namdeo Shelke ...Applicant (Org.Respondent) V/s. Gopinath Dharma Nawdekar ...Respondent (Org.Appellant) .... Mr.Bhalwal i/by Vyas & Bhalwal for the applicant. Mr.Ameya Tamhane i/by Ms.Seema Sarnaik for the respondent. .... CORAM : J.H.BHATIA,J. DATE : 8th September, 2009. P.C. 1 This application is made for modification of paragraph no.9 of the Consent Terms. 2 Heard the learned counsel for the parties. 3 The First Appeal was disposed of as per the Consent Terms vide Order dated 4 th May 2005. The paragraph no.9 of the Consent Terms requires that the application shall be jointly made by the appellants and respondents to the Union Bank of India, Panvel Branch for disbursement of the 2 amount and same shall be divided and distributed as per the ratio mentioned in the earlier part. 4 The learned counsel for the applicant contends that if the application is required to be made jointly, it will cause a lot of inconvenience because if the original appellant does not join in making the application, the present applicant, who were the respondents in the appeal, may not be in position to withdraw the money. Therefore, by the proposed amendment they seek liberty to make application independently without affecting the other part of paragraph no.9. 5 In my considered opinion, the amendment will be necessary to avoid inconvenience to the parties. Therefore, application is allowed in terms of prayer clause (a) and paragraph no.9 of the Consent Terms stands modified accordingly. (J.H.BHATIA,J.)