IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION FIRST APPEAL NO.1073 OF 2008 Mukul Harkishondass ...Appellant. v. Pradip Harkishondass Since Deceased through his heirs 1(a) Tej Pradip Dalal & Ors. ...Respondents. Mr. N.R.Modi i/by M/s. Rustamji and Ginwala, advs. For the Appellant. Mr. Rahul Donde i/by Kanga & Co., adv. For the Respondent Nos.1A to 1C. CORAM : J.H. BHATIA, J. DATED : 27th August , 2009 P.C. 1 Short Cause Suit No.3006 of 1985 filed by the present appellant against the defendants/respondents came to be dismissed on 26.2.2008 by the City Civil Court for want of prosecution. It appears that dispute is between two brothers. The learned counsel for both the parties inform that parties have amicably settled the matter and they want to file Consent Terms in the matter. Therefore, with consent of the learned counsel for both the parties, the appeal is allowed and the impugned order dismissing the suit is hereby set aside . Short Cause Suit No.3006 of 1985 is restored to the file of City Civil Court, Bombay. Parties shall appear before the Trial Court on 15th September, 2009. As the appeal itself is disposed off, Civil Application No.2598 of 2008 does not survive - 2- and stands disposed off accordingly. 3 Parties shall act on authenticated copy of this order. (J.H. BHATIA,J.)