1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE FIRST APPEAL NO. 2364 OF 2007 WITH CROSS OBJECTION STAMP NO. 3872 OF 2008 AND CIVIL APPLICATION NO. 4569 OF 2008 AND CIVIL APPLICATION NO. 4477 OF 2008 AND CIVIL APPLICATION NO. 880 OF 2009 IN CROSS OBJECTION STAMP NO. 3872 OF 2008 Smt. Bhartiben Bharatkumar Desai ..Appellant Vs. Dhirubhai Chhotubhai Desai and ors. ..Respondents Mr. M.A. Shah i/by Mr. Atul G. Damle for the appellant. Ms. Prachi Khandge i/by Mr. M.M. Vashi for respondent nos.1 and 2. Mr. P.N. Joshi for respondent nos. 3 to 5. CORAM: B.H.MARLAPALLE & S.J.VAZIFDAR, JJ. July 17, 2009. P.C. 1. This appeal arising from the Judgment and Decree dated 11/7/2007 passed in Special Civil Suit No. 12 of 2005 by the learned Civil Judge, Dadra and Nagar Haveli, Silvasa, came to be admitted on 26/11/2007. 2. Civil Application No. 4569 of 2008 was filed by the appellants for 2 amendment to the plaint in Special Civil Suit No. 12 of 2005, whereas Civil Application No. 4477 of 2008 and Civil Application No. 879 of 2009 came to be filed for seeking leave to withdraw the deposited amount. 3. The parties have negotiated and successfully settled the disputes. The five brothers have agreed to give Rs.3,00,000/- (Rupees Three Lacs only) each to the plaintiff – sister towards her full and final share in the suit properties and accordingly the settlement terms have been reduced in writing in the form of “Consent Terms”. The consent terms are taken on record and marked as Annexure “X” for identification. 4. The plaintiff and the defendants (some of the defendants through the Power of Attorney) are present before us and they have verified the consent terms. We have gone through the same and we are satisfied that it is a just and proper settlement between the parties. The settlement is free from any influence or any pressure. The parties, therefore, pray for the suit and, consequently, the appeal to be decreed in terms of the consent terms. 5. Hence, the appeal is partly allowed in terms of the consent terms and Special Civil Suit No. 12 of 2005 hereby stands decreed in terms of the consent terms. We make it clear that the undertakings set out in the consent terms have been accepted by us and they shall be binding on the respective parties. Parties to bear their own costs. 6. Cross Objection Stamp No. 3872 of 2008 stands disposed off in terms of 3 the decree passed by us today. Civil Application Nos.4569/08, 4477/08, 879/09 and 880/09 do not survive and shall stand disposed as such. 7. Certified true copy of this order along with decree in the form of the consent terms be provided to the parties on priority. 8. All the parties to act on the basis of an authenticated copy of this order. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)