1 1 fa 632.09.doc k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 632 OF 2009 WITH CIVIL APPLICATION NO. 2093 OF 2009 Shri Narayan Sambhaji Haribhaktta & Ors. ..Appellants Vs. Shri devichand Mogha Aaher (Gawali) & Ors. ..Respondents. Mr. D.B.Lonkar for the appellants. Mr. S.A.Sawant with Mr.Sachin Kadam for the respondent 1(A) to 1(E). CORAM : D.B.BHOSALE, J. DATED : 25/10/2010. PC: 1 Leave to delete Appellant nos.4D, 4G, Respondent nos. 1G and Respondent no.2 is granted. Amendment to be carried out forthwith. 2 Learned counsel for the parties submit that the parties have settled their disputes amicably and they have tendered consent terms entered into by the parties. The consent terms are signed by the Appellants and their advocate on record. Mr.Sawant, learned counsel has signed the consent terms on behalf of the Respondents. He undertakes to file another copy of the consent terms duly signed by either Respondents or their 2 1 fa 632.09.doc power of attorney on or before 29.10.2010. His undertaking is accepted. Consent terms are taken on record and marked ‘X’ for identification. 3 The statements made and the undertakings given in the consent terms by the parties are accepted. In addition thereto, the parties will also file separate undertaking as provided for in paragraph 2 of the consent terms on or before 06.12.2010 and shall exchange the copies thereof. 4 In view of the consent terms the City Survey Officer No.2, Pune is directed to carry out measurements as provided for in the consent terms within a period of six weeks from the date of the receipt of this order. Parties have undertaken to abide by the measurements that will be carried out by the City Survey Officer No.2, Pune. In the circumstances, the First Appeal is admitted and disposed of in terms of the consent terms and as consequence thereof the impugned judgment renders ineffective. 5 Consequently, the Civil Application also disposed of. (D.B.Bhosale, J.)