-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 572 OF 2009 & NOTICE OF MOTION NO. 4187 OF 2009 IN NOTICE OF MOTION NO. 2585 OF 2008 IN SUIT NO. 2267 OF 2008 Jacqueline D’Souza ... Appellant versus Edelbert Appollonius Noronha and others ...Respondents Appellant & Respondent Nos.1 and 2 present in Court. WITH APPEAL NO. 329 OF 2009 & NOTICE OF MOTION NO. 2937 OF 2009 IN NOTICE OF MOTION NO. 2585 OF 2008 IN SUIT NO. 2267 OF 2008 Edelbert Appollonius Noronha ... Appellant veersus Jacqueline D’Souza and others ...Respondents Appellant & Respondent Nos.1 and 2 present in Court. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: DECEMBER 15, 2009. -2- P.C. Appeal No. 572 of 2009 arises out of an order dated 16th July, 2009 passed by the learned single Judge in Notice of Motion No. 2585 of 2008 in Suit No. 2267 of 2009. The aforesaid suit is filed by the appellant against the respondents for partition of the properties as well as for injunction and for appointment of Court Receiver. The learned single Judge by the aforesaid order appointed Receiver. The appellant has challenged the said order by way of this appeal. 2. Defendant No.1 in Suit No. 2267 of 2008 has also filed separate Appeal being Appeal No. 329 of 2009. 3. During the course of hearing of these appeals, the parties to the present appeals pointed out that they have amicably settled the disputes. It is pointed out that they are appearing as parties in person as they have discharged their respective advocates. The consent terms duly signed by the parties are placed on record and marked “X” for the purpose of identification. 4. It is submitted by the parties that the properties in question belong to their deceased father Cyril Noronha. Appellant in Appeal No. 572 of 2009 is the daughter of deceased Cyril Noronha and respondents in the said appeal are -3- the sons of deceased Cyril Noronha. It is submitted that except these three, there are no other heirs of deceased Cyril Noronha. It is submitted that deceased Cyril Noronha has not created any third party interest during his life time. However, so far as this aspect is concerned, this Court is not required to express any opinion as these consent terms are binding inter se between the parties to the present proceedings only. 5. The parties submit that they have signed the consent terms with full understanding and have assured the Court that they will abide by the same. Parties to act on the basis of these consent terms. Suit is accordingly decreed in terms of these consent terms. Decree to be drawn accordingly. Refund of court fee according to Rules. 6. Appellant of Appeal No. 329 of 2009 who is also present before us states that in view of these consent terms he wants to withdraw Appeal No. 329 of 2009 and the Notice of Motion No. 2937 of 2009. Permission granted. 7. In view of the above, Appeal Nos. 572 of 2009 and 329 of 2009 as well as Notice of Motion Nos. 4187 of 2009 and 2937 of 2009 are disposed of accordingly. P. B. MAJMUDAR, J. R.V. MORE, J.