Bipin S/O. Mahadeoprasad Chehria v. Vasudev K. Chehria And ORS.

Sherla V.

fa.823.2017_505.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.823 OF 2017 with CAF/2157/2014 Shri Bipin Mahadeoprasad Chehria since deceased, through Sarita Bipin Chehria & Ors.

... Appellants Vs.

Shri Vasudev K. Chehria & Ors.

... Respondents Mr.S.U. Pandey with Vinod Pandey for the Appellant Mr.Paresh More for Respondent No.1 Mr.Vasudeo K. Chehria - resp. No.1 presentation Ms.Sarita Bipin Chehria, Appellant No.2 present CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: AUGUST 23, 2017 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

Learned Counsel for the appellants submit that the appellants-plaintiffs have already withdrawn the suit against defendant Nos.2 to 4 and in fact, there was no need to mention defendant Nos.2 to 4 as party respondents in the First Appeal. He submits that therefore the suit lies only against respondent No.1 i.e., the original defendant No.1 i.e., Vasudev Chehria.

fa.823.2017_505.doc 3.

The learned Counsel for the parties have tendered consent terms signed by the appellants and respondent No.1, who are present in the Court as also their respective advocates. 4.

Consent terms are taken on record and marked 'X' for identification.

5.

Order in terms of consent terms.

6.

First Appeal and the Civil Application are disposed of in terms of consent terms.

(MRIDULA BHATKAR, J.)