Shamabi Sayed W/O Mushraf Hussain Andanr v. Jahangir Khan Munna Khan (Deceased)Through Lrs-Naimunissa Wd/O Jahangir Khan And ORS

skc 203-FA-881-94.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 881 OF 1994 Shamabi Sayed wd/o. Mushraf Hussain (deceased) her L.Rs.

Akhtar Hussain Sayyed & Ors.

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Appellants vs.

Naimunissa wd/o. Jahangir Khan & Ors.

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Respondents Mr. Kishor Patil with Mr. Dipak Mane for Appellants. Mr. N. B. Khan for Respondents.

CORAM : M. S. SONAK, J.

DATE: 19 JANUARY 2017 P.C :

1] Learned counsel for the parties hand in consent terms which are taken on record and marked as 'X' for the purposes of identification.

2] The consent terms have been signed by Liyakat Hussain Sayed - appellant No. 1C, for self and in his capacity as power of attorney holder for appellant nos. 1B, 1D and 1E. The original of the power of attorney dated 8 August 2016 has been shown to me and a copy of the same is kept on record.

3] Mr. Liyakat Hussain Sayed is present in the Court and he says that he has signed these consent terms after understanding 1/2

skc 203-FA-881-94.doc their scope and import.

4] Similarly, respondent nos. 1, 2, 4, 5 and 6 are present in court and they say that they have signed these consent terms after understanding their scope and import. Respondent no. 3 Anisa Eklakh Siddique is not present. However, she has signed the consent terms. Remaining respondents as also learned counsel for the respondents confirm this position.

5] The consent terms are in respect of a structure and the parties have agreed to the proportions in which the structure shall be shared between them.

6] The appeal is disposed of in accordance with the consent terms.

7] The necessary decree be drawn accordingly.

(M. S. SONAK, J.) Chandka 2/2