1 (SA167.2009) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.167 OF 2009 Ashraf Ali Amir Hamaza Khalifa .... Appellant. V/s Mohsin Faiyaz Mujawar and another ..... Respondents. Appellant present in person. Mr. R.M. Pethe for Respondents. CORAM: V. M. KANADE, J. DATE : 21st June, 2011 P.C.:- 1. Heard the learned Counsel appearing on behalf of Respondents. Appellant is present in person. 2. It is submitted by the learned Counsel appearing on behalf of Respondents that the parties have settled the dispute. It is submitted that Respondents are the original Plaintiffs and had filed a suit for eviction of the appellant herein from the suit premises. Trial Court decreed the suit and the appeal filed by the appellant was also dismissed. It is submitted that taking into consideration the relationship 2 (SA167.2009) between the parties, Respondents have agreed to pay an amount of Rs 1,50,000/- to the appellant towards full and final settlement of the claim and the appellant has also agreed to accept the said amount. Respondents have given a cheque for an amount of Rs 1,50,000/-, particulars of which are mentioned in the para 4 of the Consent Terms. Accordingly, after receipt of the said amount, the appellant has agreed to accept the judgment and decree of the Trial Court and the first Appellate Court. Respondents/Plaintiffs have agreed to waive their claim of mesne profits, upon receiving the actual possession of the suit property. Appellant has agreed to hand over possession of the suit property upon realization of the cheque within seven days from today. 3. The Consent Terms are taken on record and marked “X” for the purpose of identification. The Consent Terms are signed by the appellant by Respondent No.1 and his advocate. Advocate for the appellant is absent. This court is informed that the advocate for appellant has refused to sign the consent terms. Since the appellant is appearing in person and has produced his election identity card for the purpose of establishing his identity, in my view, he is entitled to file consent terms and the signature of the appellant’s advocate is not necessary. 4. Second appeal is disposed of in terms of the Consent 3 (SA167.2009) Terms. It is, however, clarified that if the cheque for an amount of Rs 1,50,000/- is not realized, this order accepting the consent terms shall stand vacated and the second appeal then be placed on admission board. (V.M. KANADE, J.)