1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.273 OF 1998 Bhartiya Strimandal a Trust, registered under - the Bombay Public Trust Act, 1950 by its Trustees - 1. K.G.Kapadia (Since deceased) Trustee, 2. Subhash V. Sampat & ors. : Appellants Versus 1a) Smt.Damyanti Wd/o Chatrabhuj Asher & ors. : Respondents. Shri P.N.Karlekar for the Appellants. Shri N.K.Mudnaney for Respondent Nos.1A to 1H & 2. Shri.S.P.Manchekar, AGP, for Respondent/State. Shri M.P.Wamorkar for the Purchaser. Shri Navnit Dhirajlal Sheth – Respndent No.7 present. Shri Girish Chatrabhus Asher – Respondent 1D present. Shri Dilip Mathurdas – Trustee, Appellant No.4 present. CORAM : R.M.SAVANT, J. DATED : August 08, 2008. P.C. 1. The learned counsel for the parties, excluding Respondent Nos.3 and 5 i.e. Municipal Corporation and MHADA, have tendered the Consent Terms recording settlement arrived at between the 2 parties. All the three learned counsel i.e. Shri.P.N.Karlekar for the Appellants, Shri N.K.Mudnaney for the Original Plaintiffs i.e. Respondent Nos.1(a) to 1(h) and 2, and Shri.M.P.Wamorkar for the purchaser – Respondent No.7 submit that the above First Appeal may be disposed of in terms of the said Consent Terms. The said Consent Terms are taken on record and marked “X” for identification. The above First Appeal is disposed of in terms of the said Consent Terms. 2. However, one clarification in view of the arrangement made between the parties is necessary to be recorded viz. Though clause (3) of the said Consent Terms provides that the cheques in sums of Rs.28,50,000/- and Rs.3,00,000/- are to be kept in Escrow Account with Ravindra G. Kapadia i.e the Appellant No.7 herein and Shri Dhairyasingh P. Rajda, in view of the practicle difficulties, now a consolidated Pay Order of Rs.31,50,000/- has been prepared and has been handed over to Shri N.K.Mudnaney, the learned counsel appearing for Respondent Nos.1A to 1H and 2. In view of the fact that Shri R.G.Kapadia is busy, the learned counsel Shri N.K.Mudnaney, who has been handed over the said Pay Order, undertakes on behalf 3 of his clients to hand over the said Pay Order to said Shri Dhairyasingh P. Rajda for being kept in the Escrow Account till the deed of transfer is executed and registered. On the said deed of transfer being executed and registered, the said Pay Order would be handed over to Respondent Nos.1A to 1H and 2 in terms of the said Consent Terms. 3. On behalf of the Appellants, Shri Dilip Mathurdas, who is one of the trustees, is present so also on behalf of the contesting Respondents, Respondent No.1D – Shri Girish Chatrabhuj Ashar and Respondent No.7 – Navnit Seth are present. 4. In view of disposal of the above First Appeal, nothing survives for consideration in the pending Civil Applications, which accordingly stand disposed of. [R.M.SAVANT, J]