1 901fa.1885.10 ` Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1885 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri A.S. Khandeparkar i/by Madekar & Co. for the Appellant. Shri S.S. Redekar for Respondent No.1. Shri Vinod Mahadik for Respondent No.2. -- CORAM : A.S.OKA, J. DATE : 30TH MARCH, 2011 P.C.: . Consent terms duly signed by the Appellant and the 1st Respondent as well as their respective Advocates on record are taken on record. The consent terms are marked “X” for identification. Learned counsel appearing for the 2nd Respondent states that the 2nd Respondent is not a party to the consent terms. Clause 16 of the consent terms provides that the consent decree which may be passed will not bind the 2nd Respondent. 2. Learned counsel appearing for the Appellant and the 1st Respondent pray that the Appeal be disposed of in 2 901fa.1885.10 terms of the consent terms. 3. Accordingly, the Appeal is disposed of in terms of the consent terms marked “X” for identification. Undertakings and the statements made in the consent terms are accepted. Decree be drawn accordingly. The Appellant is entitled to refund of Court fees as per the rules. It is made clear that the 2nd Respondent will not be bound by the consent decree. 4. Civil Application No.4835 of 2008 does not survive and the same is disposed of. ( A.S.OKA, J )