ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 762 OF 1999 NO. 762 OF 1999 NO. 762 OF 1999 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.1709 OF 1997 OF MOTION NO.1709 OF 1997 OF MOTION NO.1709 OF 1997 IN IN IN SUIT SUIT SUIT NO. 1419 of 1975 NO. 1419 of 1975 NO. 1419 of 1975 Rusi J. Sethna & Anr. ...Appellants. Vs. Jeroo F. Khambatta & Ors. ...Respondents. Ms. Anupama B. Shah for the Appellants. Mr. Rajiv Mane for Respondent Nos. 2 and 3. Mr. S.N.Vimadalal for Respondent No. 4. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 28TH JANUARY, 2008 : 28TH JANUARY, 2008 : 28TH JANUARY, 2008 P.C. P.C. P.C. . Heard the learned counsel for the Appellants and the learned counsel for the Respondents. The liberty is granted to implead M/s. Kalpavruksha Developers as a Respondent No.4 in the above Appeal with the consent of the above parties. The learned Counsel appearing for the Appellants undertakes to amend the Memo of Appeal within a period of two weeks from today. 2. The parties have mutually settled the entire dispute ( 2 ) in terms of the Consent Terms dated 24th January, 2008 duly signed by the Appellant Nos. 1 and 2 and their Advocates, as well as Respondent Nos. 2, 3 and 4 and their Advocates. The said Consent Terms is taken on record and marked as "X" for identification. The above Appeal stands disposed of in terms of the said Consent Terms. 3. In view of the Consent Terms, even the suit bearing No. 1419 of 1975 stands disposed of and permissible Court fee be refunded as per the rules. 4. The decree be drawn in terms of the Consent Terms. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)