1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO.644/1998 WITH CIVIL APPLICATION NO.11193/1998 Ramakant @ Baban Dhaku Akhade. ..Appellant -VERSUS- Babu Dhaku @ Dhakya Akhade and others. ..Respondents ......... Mr.N.N.Gawankar, Advocate for the appellants. Mr.Sachin Shetye, Advocate for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 04th MARCH, 2009. P.C. : 1. The matter not on board, mentioned. 2. The learned counsel for the appellant seeks permission to delete the respondents Nos.5 and 6 by making a statement that the said respondents were in possession of the premises at the relevant point of time. During the pendency of appeal, the respondent No.5 has expired and the respondent No.6 has vacated the premises, hence, a prayer for deletion is made. It is stated that they have no concern to the title of the property. 3. In the result, deletion is permitted. The amendment be 2 carried out forthwith. 3. The consent terms are placed on record in this Second Appeal and the statement is made that the dispute in appeal has been resolved by the parties by entering into amicable settlement. The suit was for partition and the parties have agreed to share the properties in the manner indicated in the consent terms. The consent terms are duly signed by the parties and so also by the counsel appearing for the respective parties. The parties admit the consent terms to be true and correct. A joint request is made for disposal of the appeal in consent terms. 4. In the result, the Second Appeal stands disposed of in the consent terms. The consent terms are taken on record and marked as “X”. The decree stands modified in the consent terms. The appeal is disposed of. In view of the disposal of appeal, the Civil Application does not survive and the same is also disposed of. JUDGE