The New India Assurance Co. Ltd. v. Shaikh Mushtaque Ahmed Abdul Razak And ORS.

pr3 fa1040-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1040 OF 2014 WITH CIVIL APPLICATION NO.2896 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.D.S.Joshi for the appellant Shaikh Mustaque Ahmed Abdul Razak and Smt.Shaikh Noorunnissa Mushtaque Ahmed, respondent nos.1 and 2 present in court

CORAM

: K.K.TATED, J.

DATED : 01/07/2015 PC:

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 matter is settled out of court. He further submits that in the present Appeal, appellant is not claiming any relief against respondent no.3. Hence, he may be permitted to delete the name of respondent no.3.

The learned counsel for the appellant submits that the respondent nos.1 and 2 appeared party in person. He submits that the Consent Terms dated Mohite 1/2

pr3 fa1040-14.doc 1.7.2015 is duly signed by the respondent before the Notary. Same is taken on record and marked 'X' for identification.

First Appeal is disposed of in terms of Consent Terms. Consent Terms be treated as part and parcel of decree.

In view of disposal of First Appeal, nothing survives in the Civil Application. Same is dismissed as infructuous.

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