1 CAS 487 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 816 OF 1997 Narayan Krishnaji Jagtap (Since deceased through LRs) Smt.Laxmibai Narayan Jagtap and Ors. ...Appellants Vs. Ramchandra Amritrao Gaikwad (Since deceased through LRs) Smt. Yamunabai Ramchandra Gaikwad and Ors. ...Respondents ----- Smt. Anita A. Agarwal for Appellants Shri A.J. Kenjale for Respondent Nos. 1 -A to 1-E & 1E(i) and 1E(iii) ----- CORAM: V.M. KANADE J. DATED: 6th April, 2011 P.C. 1. The learned counsel appearing on behalf of the Appellants submits that the Respondent No.2 had supported the Appellants in the Trial Court. He is the Original Defendant No.3. It is submitted that the said Respondent No.2-Original Defendant No.3 may be deleted as a Respondent No.2. 2. Leave is granted to the Appellants to delete the Respondent No.2 and his legal heirs at their own risk. Amendment to be carried out forthwith. 2 CAS 487 of 2011 3. The parties have filed the Consent terms. The Consent Terms are taken on record and are marked ‘X’ for the purpose of identification. The Consent Terms are signed by the Appellants, Respondents and their respective advocates. In paragraph 5 of the Consent Terms, it is stated that, the Respondent No.2 is not a necessary party and, therefore, his name is deleted. 4. Second Appeal is, accordingly disposed of in terms of the Consent Terms. Parties are present in the Court. In view of the Consent Terms, the judgment and decree passed by the 6th Additional District Judge, Pune dated 4.10.1997 in Civil Appeal No. 952 of 1989 is set aside and decree is passed in terms of the Consent Terms. (V.M. KANADE J.)