1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1202 OF 2002 Surendra Rajaram Songaonkar and Ors. .....Appellants V/s. Ajay Prakash Rajebhosale ..... Respondent Mr.V.S.Kapse i/by Mr.Abhijit Rane and Smt.S.N.Patankar, for the appellants. Mr.G.S.Godbole a/w Ms.Manjiri Parasnis and Satish Deshpande, for the respondent. CORAM :P.B.MAJMUDAR & A.A.SAYED, JJ. DATE : SEPTEMBER 01, 2009 P.C. 1. Initially, this matter was heard at length by the Bench comprising of P.B.Majmudar and R.V.More, JJ. Today, since More, J. is sitting in Full Bench, this Bench has been constituted for taking hearing of First Appeals. The parties have submitted the consent terms before this Bench today. 2. This appeal is filed by the original defendants of Special Civil Suit No.57 of 1999. The said suit was filed by the present respondent for getting decree for specific performance of the suit agreement. The trial court has decreed the suit against which the appellants/original defendants have preferred this appeal. 2 3. During the course of hearing, the Court is informed that the matter is amicably settled between the parties and it is agreed that in case the appellants pay additional amount of Rs.15,00,000/- within the stipulated time as per the consent terms, the respondent shall not execute the decree for specific performance and decree shall stand satisfied. It is also provided that in case the additional amount of Rs.15,00,000/- is not deposited as per the consent terms, the respondent can execute the said decree for specific performance. It is agreed between the parties that respondent has given this concession of not executing the decree in case the additional amount is given and as per the other conditions provided in the consent terms. The parties are present before the Court. They have been explained the contents of the consent terms in Marathi by their respective Advocates and they have accepted the consent terms. The consent terms duly signed by the parties and their respective Advocates, are taken on record and marked as Exh.X for identification. The parties shall abide by the consent terms. The decree of the trial court stands substituted in terms of the consent terms. 4. The appeal is accordingly disposed of with no order as to costs. ( A.A.SAYED, J. ) (P.B.MAJMUDAR, J.)