1 fa-663-664-09 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 663 OF 2009 WITH CIVIL APPLICATION NO. 2008 OF 2009 AND CIVIL APPLICATION NO. 4627 OF 2009 Smt. Vasanti Sharad Gavankar .. Appellant Vs. Smt. Preeti Mangesh Gavankar and anr. .. Respondent WITH FIRST APPEAL NO. 664 OF 2009 Smt. Vasanti Sharad Gavankar .. Appellant Vs. Smt. Preeti Mangesh Gavankar .. Respondent Mr. S.M. Sabrad for petitioner. Mr. S.S. Kulkarni for respondent nos.1 and 2. CORAM: B. H. MARLAPALLE & A. A. SAYED, JJ. August 23, 2010. 2 fa-663-664-09 P.C. 1. Being aggrieved by the decree passed by the learned 5th Joint Civil Judge, Senior Division, Pune on 28/11/2008 in Special Civil Suit No. 24 of 2002, the defendant has filed this First Appeal. 2. The defendant is the mother-in-law of the original plaintiff no. 1 and grandmother of plaintiff no.2. The learned trial Judge dismissed Special Civil Suit No. 1760 of 2007 and partly decreed Special Civil Suit No. 24 of 2002. It was further declared that each of the plaintiffs has 4/9th share while the defendant has 1/9th share in the suit flat in Special Civil Suit No. 24 of 2002 and the parties are entitled for partition and separate possession as per their respective share in the suit flat. 3. Admittedly, partition of the suit flat was not possible in terms of the share of each of the parties as declared by the learned trial Judge. However, during the pendency of these appeals, the mother-in-law and the daughter-in-law have arrived at an amicable settlement. The mother-in-law 3 fa-663-664-09 has filed First Appeal Nos.663 and 664 of 2009 and challenged the decree. However, in terms of the consent terms signed between the parties today, the mother-in-law has relinquished her 1/9th share in the suit flat. The mother-in-law also has undertaken not to claim any right, title and interest in respect of the suit flat and more particularly described in para 1 (a) of the plaint. Respondent No.1 i.e. the original plaintiff in Special Civil Suit No. 24 of 2002 is the natural guardian of respondent no.2 and she will have all the rights to deal with the suit flat for herself and for respondent no.2. The mother-in-law has agreed to sign a release deed which shall be registered. 4. Both the parties i.e. the mother-in-law and daughter-in-law are present before us and they have verified the consent terms reduced in writing and placed before us. They have jointly prayed to decree the suits in terms of the consent terms. The parties have also stated before us that they shall be bound by the terms of the consent terms and, therefore, the mother-in-law seeks leave to withdraw both the appeals. 5. Leave granted and the appeals are disposed as withdrawn. Refund of court fees is as per the Rules. Consent terms are taken on record and marked as “X” for identification. 4 fa-663-664-09 6. Civil Application Nos. 2008 of 2009 and 4627 of 2009 do not survive and stand disposed as such. (A. A. SAYED,J.) (B. H. MARLAPALLE, J.)