IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.264 OF 2009 WITH CIVIL APPLICATION NO.561 OF 2009 Somavva Mahadev Venkatpure ..... Appellant vs. Shakuntala S. Dhupdale (deceased) ..... Respondents thru’ LRs Surendra Dhupale & Ors. Mr.Amit Borkar, Advocate for appellant. Mr.Umesh Mankapure h/f Mr.A.P. Kulkarni,Advcocate for respondents. CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 7th December, 2009. PC : 1. Two sets of consent terms, one signed by the appellant and other signed by respondents are taken on record and marked “X” and “X1” respectively. Both the consent terms are signed by the Advocates for both the sides. Learned counsel for the appellant states that respondent no.2 to the appeal is a formal party to the proceedings and no reliefs had been sought against him in the suit filed by the original respondent no.1. On the application of Mr.Borkar, the learned counsel for the appellant, the appeal is dismissed for want of prosecution against respondent no.2. In view of the consent terms, the appeal is allowed. The impugned judgment and order dated 31st January 2009 is set aside. The judgment and decree of the trial Court dated 24th March 1998 is set aside. The suit is decreed in terms of the consent terms filed. The Civil Application is disposed off. (Smt.R.P.SondurBaldota, J.)