-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NOS. 202 AND 203 OF 2009 WITH FAMILY COURT APPEAL ST. NO. 18200 OF 2009 Kirit Jethalal Shah ... Appellant versus Veena Kirit Shah ....Respondent Mr. P.M. Shah for the appellant. Smt. Ketki Jayakar, instructed by M/s. Jayakars for the respondent. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: AUGUST 27, 2009. P.C. Delay of 36 days in filing the appeal is condoned. Accordingly, Civil Application No. 202 of 2009 is made absolute in terms of prayer clause (a). 2. With the consent of the learned counsel appearing for the parties, Appeal is taken up for hearing today. Admitted. Heard the learned counsel for the parties. 3. At the time of hearing of this appeal, it is pointed out by the learned counsel appearing for the parties that the appellant and the respondent have -2- settled their disputes amicably. The appellant has agreed to pay Rs. 2 lakhs to the respondent in full and final settlement of all her claims towards permanent maintenance. It is agreed that the appellant shall pay the said amount to the respondent by pay order/Banker’s cheque within six weeks from today. It is further agreed that the said pay order/Banker’s cheque would be directly handed over to the respondent. The appellant who is present in the Court assures the court by way of an oral undertaking that the said amount will be paid to the respondent within the aforesaid period of six weeks. The oral undertaking is accepted by the Court. 4. The Appeal is filed by the appellant challenging the judgment and order of the Family Court dated 13th February, 2009 to the extent it granted payment of permanent alimony to the respondent. The Family Court has directed the appellant to pay a lumpsum alimony of Rs. 2,50,000­ to the respondent. During the course of hearing, the appellant and respondent have the dispute and it is decided that the appellant shall pay in all Rs. 2,00,000/­ to the respondent towards the permanent alimony. Accordingly, the order of the Family is substituted in terms of the consent terms. Consent terms signed by the appellant, respondent and their respective lawyers are taken on record and marked “X”. Order in terms of the consent terms. Appeal is disposed of accordingly. Liberty is granted to the respondent to apply in case the amount is not paid by the appellant. -3- 5. In view of the disposal of the main appeal, nothing survives in Civil Application No. 203 of 2009 and the same is also disposed of accordingly. P. B. MAJMUDAR, J. R.V. MORE, J.q