Yusuf Badashaha Shaikh v. Noorjahan Kadar Nagaraji And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

SECOND APPEAL NO. 111 OF 2008 WITH CIVIL APPLICATION NO. 48 OF 2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Shrishailya Sakhare for the appellant.

Mr. S.A.Rajeshirke i/b K. R. Yadav for the respondents.

CORAM : K. K. TATED, J.

DATED : 01/10/2015.

P.C.:

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Not on board. At the request of Advocate for the appellant, matter is taken on board for urgent orders.

The learned counsel for the appellant submits that the respondent nos. 6 to 9 are formal parties. He seeks liberty to delete them. Same is allowed. Amendment to be carried out within two weeks from today, failing which Second Appeal shall stands dismissed without referring back to the court. Both the Counsel submit that the matter is settled out of court. They submit that appellant as well as Respondent nos. 1 to 5 are present in the Court. Their presence are recorded.

Both the Counsel tendered Consent Terms 1/3

dated 01.10.2015 along with affidavit duly affirmed by the Respondents dated 01.10.2015. Same are taken on record and marked 'X' and 'X1' for identification.

Second Appeal stands disposed of in terms of Consent Terms. Consent Terms to be treated as part and parcel of the decree.

In view of disposal of Appeal, nothing survives in the Civil Application. Hence, same stands dismissed as infructuous.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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