- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 582 OF 2009 with CIVIL APPLICATION No. 705 OF 2009 Mayashankar Chaturbhuj Shukla ... Appellant Vs. Chaturbhuj S. Shukla & Anr. ... Respondents Mr. Ranvir S. Shekhawat, for appellant. Mr. A. M. Sarogi, for respondents. CORAM : R. V. MORE, J. DATE : JUNE 15, 2009. PC :- 1. Heard the learned counsel for the appellant and the respondents. Both the counsel make a common statement on instructions of their clients present in the Court that parties to the suit are agreeable to the settlement, as per the consent terms which are already filed and annexed at page 9 of the compilation. 2. However, since present appeal is not maintainable in view of provisions of Order 43, Rule 1 of C.P.C., appropriate orders are required to be passed by the trial Court. The parties to - 2 - the suit are agreeable to appear before the trial Court on 17th June, 2009. The trial Court accordingly shall pass appropriate orders. Subject to above observations, the appeal stands disposed of. 3. In view of disposal of the appeal, Civil Application No. 705 OF 2009 does not survive for consideration and the same is also disposed of. Sd/- [ R. V. MORE, J.]