- 1 - prod-3-sa-165-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.165 OF 2011 WITH CIVIL APPLICATION NO.413 OF 2011 IN SECOND APPEAL NO.165 OF 2011 Odette Mariana Lobo & Others .. Appellants. V/s. Shri Erach N. Damania (since deceased) through his Legal Heir-1 Sarin E. Damania & Others. .. Respondents. Mr. P. S. Dani, for the Appellants. Mr. R. S. Desai with Mrs. Prabha Badadare, for Respondent Nos.1 to 4. CORAM: G.S.GODBOLE,J. DATE : 20th OCTOBER, 2011. P.C:- Not on board. Upon mentioning taken on board. 1 The entire dispute is settled out of Court. The proceeding do not arise under the Rent Act or in a partition suit. The Consent Terms are tendered in the Court. Same are taken on record and marked as “X” for identification. There will be a decree in terms of the Consent Terms. The - 2 - prod-3-sa-165-2011 Second Appeal is being withdrawn unconditionally and a decree in the counter claim being provided. The Affidavits of Original Plaintiffs are tendered in the Court and same are marked as “A”, “B”, “C” and “D” respectively. All the Plaintiffs are personally present in the Court and submits that the contents of the Consent Terms as also Affidavits sworn by them. 2 In view of the withdrawal of the Second Appeal, Civil Application No. 413 of 2011 does not survive and same is also disposed off. (G.S.GODBOLE,J.)