IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1337 OF 2008 WITH CIVIL APPLICATION NO.3078 OF 2008 Surendra Shantilal Kothari ..... Appellant V/s. Krishna Haribhau Lohokare .....Respondents ALONG WITH FIRST APPEAL NO.541 OF 2008 WITH CIVIL APPLICATION NO.1368 OF 2008 Krishna Haribhau Lohokare ..... Appellant V/s. Surendra Shantilal Kothari .... Respondents Mr.R.D.Soni i/by M/s.Ram & Co., for the appellant in F.A.No.1337 of 2008 and for the respondent in F.A.No.541 of 2008. Mr.Ashok B. Tajane, for the respondent in F.A.No.1337 of 2008 and for the appellant in F.A.No.541 of 2008. CORAM : SHRI P.B.MAJMUDAR & SMT.R.P.SONDURBALDOTA , JJ. DATED : 16TH OCTOBER, 2008. P.C. 1. These appeals arise out of a decree passed by the learned Civil Judge, Senior Division, Pune, in Special Civil Suit No.845 of 2006. The said suit was filed by the appellant of First Appeal No.1337 of 2008 for specific performance of the suit agreement as well as for damages. The Trial Court decreed the suit partly by granting damages to the tune of Rs.6,00,000/- and the prayer for specific performance was rejected. 2. Against the said decree, the original plaintiff has filed First Appeal No.1337 of 2008. The original defendant has also filed cross Appeal bearing No.541 of 2008 in so far as the trial court granted decree for damages. 3. Today, it is informed that both the sides have settled the dispute amicably and the amount of damages has been increased by the parties inter se upto Rs.15,00,000/-. The learned counsel for the appellant of First Appeal No.1337 of 2008 has orally submitted that he has restricted his claim in the First Appeal No.1337 of 2008 upto Rs.15,00,000/- only and in this behalf, pursis will be filed during the course of the day. If any pursis is filed, the same may be put on record and to be marked as Exhibit. Considering the said aspect, the claim in the First Appeal No.1337 of 2008 is allowed to be amended and allowed to be restricted upto Rs.15,00,000/- only. The consent terms filed by both the sides along with their Advocates is taken on record. The signatures of the respective parties have been identified by the respective Advocates. Accordingly, the decree of the trial court is modified in terms of the consent terms filed on record by the respective parties. Decree of the trial court is substituted in terms of the consent terms. Both the appeals i.e. First Appeal No.1337 of 2008 and First Appeal No.541 of 2008 are accordingly disposed of with no order as to costs. Decree be drawn up accordingly. 4. Since the appellant of First Appeal No.1337 of 2008 has restricted his claim upto Rs.15,00,000/-, it would be open to him to apply for refund of court fee as per rules. 5. In view of the disposal of the aforesaid appeals, the civil application Nos.3078 of 2008 and 1368 of 2008 does not survive and stand disposed of accordingly. 6. Interim relief granted earlier shall stand vacated. 7. In view of the same, the amount deposited by the appellant of First Appeal No.541 of 2008 be paid back to him and the bank guarantee shall stand discharged. 8. This order has been passed in view of the fact that the learned counsel for the appellant of First Appeal No.1337 of 2008, on instructions, states that his client has received an amount of Rs.15,00,000/- and his client is present before this Court. ( R.P.SONDURBALDOTA J. ) ( P.B.MAJMUDAR, J. )