1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 161 OF 2004 1. M/s. Rajaram Bandekar (Sirigao) Mines, Pvt. Ltd., a private limited Company with its registered office at Nitin Chambers, Swatantra Path, P. O. Box no. 31, Vasco da Gama, Goa. Represented by its Managing Directors Shri Narayan R. Bandekar and others All residents of Vasco da Gama. 2. M/s. Narayan Bandekar & Sons Pvt. Ltd., Pvt. Ltd., a private limited Company having its registered office at Nitin Chambers, Swatantra Path, P. O. Bopx no. 31, Vasco da Gama, Goa. 3. Shri Narayan R. Bandekar, Managing Director of Appellants 1 & 2. 4. Smt. Manda N. Bandekar, 5. Nitin N. Bandekar Appellants 3, 4 & 5 R/o. Nitin Chambers, Swatantra Path, Vasco da Gama, Goa. .... Appellants/ Original Defendants Nos. 1 to 4 and 7 V e r s u s 1. M/s. V. S. Dempo & Co. Ltd., A private limited Company having its Office at Dempo House, Campal, Panaji, represented by its Principal Officer Shri Prakash Nadkarni, Resident of Panaji (Original Plaintiff) 2. a. Miss Madhavi Laxman Bandekar, 3. b. Smt. Jyoti L. Bandekar, 2 both residing at “Madhvi” P. O. Chaicalim, Mormugao Taluka, Goa. (Original Defendants 5a. & 6) .... Respondents Shri A. F. Diniz Advocate for the Appellants. Shri Sudesh Usgaonkar, Advocate for Respondent no.1. FIRST APPEAL NO. 118 OF 2004 1. Miss Madhavi Laxman Bandekar, d/o. Late Laxman R. Bandekar, major of age, residing at “Madhavi” Airport Road, Chicalim, Goa. 2. Mrs. Jyoti Laxman Bandekar, w/o. Late Laxman R. Bandekar, major of age, residing at “Madhavi” Airport Road, Chicalim, Goa. ...... Appellants V e r s u s 1. M/s. V. S. Dempo & Co. Ltd., A private limited Company having its Office at Dempo House, Campal, Panaji. 2. M/s. Rajaram Bandekar (Sirigao) Mines, Pvt. Ltd., a private limited Company having its registered office at Nitin Chambers, Swatantra Path, P. O. Box no. 31, Vasco da Gama, Goa. 3. M/s. Narayan Bandekar & Sons Pvt. Ltd., Pvt. Ltd., a private limited Company having its registered office at Nitin Chambers, Swatantra Path, P. O. Box no. 31, Vasco da Gama, Goa. 4. Shri Narayan R. Bandekar, Director of Defendant no. 1 & 2, C/o. Nitin Chambers, Swatantra Path, P. O. Box no. 31, Vasco da Gama, Goa. 3 5. Smt. Manda N. Bandekar, major in age, cC/o. Nitin Chambers, Swatantra Path, P. O. Nox no. 31, Vasco da Gama, Goa. 6. Shri Nitin N. Bandekar, major in age, C/o. Nitin Chambers, Swatantra Path, P. O. Nox no. 31, Vasco da Gama, Goa. ...... Respondents Mr. D. Patkar, Advocate for the Appellants Mr. Sudesh Usgaonkar, Advocate for the Respondent no. 1. CORAM: S. C. DHARMADHIKARI, J. & SANTOSH BORA, J. DATE: 11 th August, 2008 . ORAL JUDGMENT (S. C. DHARMADHIKARI, J.) Heard. 2. The Consent Terms in First Appeal no. 161/04 which are duly signed by the appellants and the respondents through their constituted attorneys/authorised signatories, are taken on record and marked 'X' for identification. The same are also signed by their Advocates. Order in terms of the Consent Terms. First Appeal no. 161/04 accordingly stands withdrawn. 3. The Special Civil Suit no. 29/92/B having been withdrawn by the original plaintiffs, the appellants, original defendants, pray for withdrawal of the appeal and that is how the parties have arrived at Consent Terms which are 4 duly recorded. 3. Since we are passing an order based on the Consent Terms, the suit stands dismissed as withdrawn and, consequently, the appeal as well. The Counsel appearing for appellants in First Appeal no. 118/04 states that the appeal arises out of a Decree in Special Civil Suit no. 29/92/B and is at the instance of other defendants. Since the suit is withdrawn by the original plaintiffs/respondents in this Court, the appellants pray for withdrawal of First Appeal no. 118/04. Request granted. Appeal is dismissed as withdrawn. No order as to costs. Cross objections, if any, do not survive. All Miscellaneous applications are also disposed off in the light of the withdrawal of the appeal. S. C. DHARMADHIKARI, J. SANTOSH BORA, J. arp/*