-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.293 OF 1995 APPEAL NO.293 OF 1995 APPEAL NO.293 OF 1995 Sampat Genu Ghuge ...Appellant vs. Kacharu Genu Ghuge & Ors. ...Respondents Mr.A.H.Palekar for the Appellant Mr.Gujar h/f Mr.R.A.Thorat for the Respondents CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 18, 2008 : FEBRUARY 18, 2008 : FEBRUARY 18, 2008 P.C.: P.C.: P.C.: 1. Perused the order dated 9th June 2001 and the report dated 8th December 2006. 2. The consent terms duly purportedly signed by the Appellants and the Respondents are placed on record. However, the consent terms are not signed by the Advocate for the Appellant and the Advocate for the Respondents. Both the Advocates state that they have returned the papers to their respective clients. As the consent terms are not signed by the said Advocates and the said Advocates have not identified the signatures on the consent terms, decree in terms of consent terms cannot be passed. However, it appears that the Appellant is not interested in prosecuting the Appeal, obviously because of alleged settlement. 3. Hence, the Appeal is dismissed for non prosecution. No order as to costs. -2- JUDGE JUDGE JUDGE