IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.297 OF 2008 FIRST APPEAL NO.297 OF 2008 FIRST APPEAL NO.297 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.865 OF 2008 CIVIL APPLICATION NO.865 OF 2008 CIVIL APPLICATION NO.865 OF 2008 Miss.Dhun Jamshedji Petigara ) since deceased through L.R. ) Mr.Jhanbux A.Petigara )..Appellant Versus Mrs.Marina Francis Thanicatt )..Respondent ---- Mr.Ashish Kamath i/by V.Deshpande & Co. for the appellant. Mr.Rajesh Parab for the respondent. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 3.10.2008. PC 1. Matter was scheduled to be on board today but it is not shown on board. Since the matter is settled, parties wish to file consent terms. Matter is mentioned and papers are produced. 2. Both the parties state that the matter is settled out of Court and file consent terms duly signed by the appellant and constituted attorney of the respondent and her husband and their respective Advocates. The general power of attorney is annexed to the consent terms. The Consent terms are taken on record and marked "X" for identification. First Appeal is decreed in terms of the consent terms. : 2 : There will be no order as to costs. Refund of court fees as per rules. Mr.Francis Thanicatt is present personally in Court and agrees that power of attorney executed in his favour is valid and subsisting. The demand draft mentioned in clause no.1 has been handed over to the power of attorney holder on behalf of the original respondent. First Appeal stands disposed off. CIVIL APPLICATION NO.865 OF 2008 . As First Appeal has been disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)