1 F.A.436.09 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 436 OF 2009 WITH CIVIL APPLICATION NO.8335 OF 2009 CIVIL APPLICATION NO.8337 OF 2009 [Sow Rukhminibai W/o Brijal Varma through G.P.A. vs. Nandkishor Gokulchand Navandar and others ] WITH CROSS OBJECTION STAMP NO. 23820 OF 2009 WITH CIVIL APPLICATION NO.4940 OF 2010 IN FIRST APPEAL NO. 436 OF 2009 Nandkishor Gokulchand Navandar and others Vs. Sow Rukhminibai W/o Brijal Varma through G.P.A.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.B.R.Warma,Advocate for Appellant Shri.H.M.Karwa,Advocate for Resp. No.1. Shri.N.B.Narwade,Advocate holding for Shri.N.K.Kakade,Advocate for Resp.No.2&3 .... CORAM: SHRIHARI P.DAVARE, J. DATE : 13TH JANUARY, 2011. PER COURT : 1. The General Power of Attorney Holder of plaintiff, namely, Kamalkishor Brijlal Warma as well as respondents-original defendants are present before the Court. 2 F.A.436.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Moreover, Mr. Warma learned counsel for appellant is present. Mr. Dabir, learned counsel filed Vakalatnama for respondent No.1, who is also present before the Court. Mr.N.B.Narwade, advocate holding for Mr. Kakade, appearing for respondent Nos.2 and 3 present before the Court. 2. The Parties have filed consent terms, which have been signed by the parties as well as their respective counsel. The parties agreed to the contents of the consent terms. It is stated in clause 2(B) of the said consent terms that respondent Nos. 2 and 3 agreed to pay Rs.1,51,000/-(Rupees One Lacs Fifty one Thousand) in cash to the original plaintiff as damages. The General Power of Attorney Holder of original plaintiff i.e appellant present before the Court stated that he has received the said 3 F.A.436.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders amount in cash. His statement is accepted and taken on record. 3. It is stated in 2(C) of the said consent terms that amount of Rs.4,26,000/-(Rupees Four Lacs Twenty Six Thousand) deposited by respondent No.1 in the lower Court be paid to the original plaintiff along with interest, if any, accrued thereon and parties agreed to the same. 4. It is stated in 2(D) of the said consent terms that amount of Rs.1,25,000/-(Rupees One Lacs Twenty Five Thousand) deposited by original plaintiff in lower Court be refunded to the plaintiff along with interest, if any, accrued thereon and parties agreed to the same. 4 F.A.436.09 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 5. Accordingly, said consent terms are taken on record and marked as document “X”. The present Appeal stands disposed of in terms of aforesaid consent terms. The decree be drawn accordingly. The Trial Court to Act upon the certified copy of the order. 6. In view of disposal of First Appeal, the connected Civil Applications as well as Cross Objection do not survive, hence same are disposed of as such. Sd/- [SHRIHARI P.DAVARE, J.] MTK