1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Second Appeal No.192 of 1995 Smt.Manorama B. Chavan & anr. Appellants Vs. Vishnu S. Chavan & ors. Respondents Mr.S.V.Palsuledesai for appellants. Mr.Rakesh Bhatkar for resp.no.1. CORAM: B.H.MARLAPALLE, J. January 18, 2008 P.C. 1. During the pendency of this Second Appeal the parties have negotiated and arrived at an amicable settlement for the partition of ancestral property at villages Nachane and Juve. The said settlement terms have been reduced in writing and have been placed before this Court in the form of Consent Terms duly signed by the appellants as well as respondent nos.1 and 2, whereas respondent nos.3 to 5 had not challenged the decree passed by the trial Court. 2. The learned counsel, therefore, pray for decree to be passed in terms of the settlement and the impugned decree be substituted by the settlement. 3. The Consent Terms are taken on record and marked as "X" for identification. The Second Appeal 2 is, therefore, partly allowed as under: (a) Special Suit No.102 of 1988 is partly decree and it is hereby declared that the plaintiffs have 6/20th share in the joint family property and the same is the share of defendant nos.1 and 2 as well. Whereas defendant nos.3 and 4 have each 1/20th share in the suit property except properties described in Paragraph 2A - Item Nos.1 to 3, Paragraph No.2C - Item Nos.1 to 8, Paragraph No.2-E - Item Nos.2 to 5 and Paragraph No.2A - Item Nos.5 to 7 mentioned in the plaint. However, the plaintiffs have further agreed that they shall have no share in the properties described in Paragraph No.2A - Item Nos.1 to 3, Paragraph No.2C - Item Nos.1 to 8 and Paragraph No.2A - Item Nos.5 to 7 mentioned as per the Consent Terms dated 15th January 2008 arrived between the defendant no.1 and the plaintiffs. (b) The defendant no.1, out of his own free will and affection towards the plaintiffs, has given 1/4th of his share in the said properties to the appellants as well as respondent no.2 herein (Prasad Balkrishna Chavan). 3 (c) The plaintiffs are entitled to effect partition of all the joint family properties and to get their separate share. The defendant no.1 shall pay a sum of Rs.15,000/- to the plaintiffs by way of mesne profits for the year 1985 to 1987. (d) The defendants are entitled to effect partition and get their separate share on payment of the Court fees on their respective shares. 4. The decree passed by the Trial Court shall be substituted by the above said decree and it shall be sent to the Collector to effect partition of agricultural lands as required under Order XX, Rule 18 read with Section 54 of CPC. 5. Parties to bear their own costs. 6. Registry to issue a fresh decree in the above terms. (B.H.MARL