1 2 fa 967.02.doc k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 967 OF 2002 WITH CIVIL APPLICATION NO. 3298 OF 2010 IN FIRST APPEAL NO. 967 OF 2002 Mrs. Nalini Ramesh Kadakiya & Anr. ..Appellants. Vs. Rakesh Nalinkumar Shah & Anr. ..Respondents. Ms. Ujwala Sawant i/b Mr. R.V.Govilkar for the appellants. Mr. Kainaz P. Irani i/b M/s. Zohair & Co. for the respondent no.2. CORAM : D.B.BHOSALE, J. DATED : 27/10/2010. PC: 1 Heard learned counsel for the Appellants. 2 This matter is placed on board at the instance of learned advocate for the Appellants for speaking to the minutes. 3 On 3rd September, 2010 this court (B.R.Gavai, J.) has taken the consent terms on record (marked “X” for identification) and disposed of Civil Application No. 3298 of 2010 in terms of the consent terms, though the consent terms were filed in the Appeal. 2 2 fa 967.02.doc 4 Learned counsel for the parties submit that the Appeal aught to have been disposed of in terms of the consent terms. Paragraph 4 of the order dated 3rd September, 2010 reads as under: “4 In view of the above, application disposed of in terms of the said consent terms.” 5 In view of the above, paragraph 4 of the order stands modified as follows: “4 In view of the above, the First Appeal is disposed of in terms of the consent terms and as a consequence thereof, the Civil Application also stands disposed of.” 6 Office to issue fresh copy of the order dated 3rd September, 2009 to the parties duly modified in terms of this order. (D.B.Bhosale, J.)