: 1 : sa.121.2010 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.121 OF 2010 a/w CIVIL APPLICATION NO.828 OF 2009 IN SECOND APPEAL NO.121 OF 2010 Biru Savala Khuspi .. Appellant V/s. Dattatray Pandurang Bhoite & Ors. .. Respondents Mr.A.B. Avhad for the Appellant Mr.S.P. Kadam for the Respondent Nos.1 & 2 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 20, 2011 P.C.: 1. Since the trial Court had not granted any relief against defendant Nos.4 and 5, the learned advocate for the appellant seeks leave to delete their names from the array of respondents in the present appeal. Leave granted. Amendments to be carried out forthwith. 2. The appellants in the Second Appeal have entered into a settlement with Respondent Nos.1, 2 and 5 i.e. original Defendant Nos.1, 2 and 3. Consent terms signed by the appellants, Respondent No.1, who is present in Court, Respondent Nos.2 & 5 and their : 2 : sa.121.2010 respective advocates, are handed in. 3. Consent terms are taken on record and marked `X’ for identification. The decree of the trial Court is modified in accordance with the consent terms handed in by the parties. 4. Decree in terms of consent terms. 5. Second Appeal is disposed off accordingly. 6. Civil Application also stands disposed off. (SMT.NISHITA MHATRE, J.)