1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 247 OF 2009 IN NOTICE OF MOTION NO. 1151 OF 2009 IN SUIT NO. 712 OF 2009 Samrathmal P Seth and others ).. Appellants Versus Vasanji Ramji Shah and others ).. Respondents Mr. D.H. Mehta a/s Ms Usha Gadagkar and Mr. D.D. Mehta i/b Divya Shah Associates for the Appellants. Mr. P.S. Dani for Respondent Nos.1 and 2. Mr. A.G. Damle for Respondent No.8. CORAM : SWATANTER KUMAR, C.J. AND S.C. DHARMADHIKARI, J. DATED : 14TH JULY 2009. P.C. The learned Counsel appearing for the parties, after some arguments, submit that the Appeal can be disposed of by an agreed order. The consented terms are :- (a) Parties would make a joint mentioning before the learned Single Judge for listing and expeditious disposal of the Notice of Motion. (b) The Motion shall be heard finally without being influenced by any of the observations made in the order under appeal. 2 2. We find the terms as just, fair and equitable. Appeal is disposed of in the above terms. No order as to costs. CHIEF JUSTICE S.C. DHARMADHIKARI, J.