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Bombay High CourtFA/1137/2014disposed off

Mr. Chimpaklal M. Lakhani And Another v. M/S. R.J. Constructions Partnership Firm Mr. Mohanlal G. Joshi And ORS.

2022-04-13Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

Tikam 1/2 13- FA 1137 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL No. 1137 OF 2014 VAISHALI ANIL TIKAM Mr. Chimpaklal M. Lakhani and Anr.

...Appellants Vs.

M/s. R.J. Constructions Partnership Firm Mr. Mohanlal G. Joshi and Ors.

...Respondents

* * * * Digitally signed by VAISHALI ANIL TIKAM Date:

2022.04.20 09:50:45 +0530 Mr. Mehul A. Shah, for Appellants Mr. Shabbir Jariwala i/b. M/s. Thakore Jariwala & Associates for Respondent Nos.1 and 3.

Coram : Sandeep K. Shinde, J.

Dated: 13 th APRIL, 2022.

P.C. :

1.

Pending appeal, Appellant No.1 passed away on 31st October, 2020. His legal representatives have not been brought on record till date. Therefore, appeal abates qua Appellant No.1. Appellant No.2 and Respondent Nos. 1 and 2 have settled the dispute and filed consent terms. Appellant No. 2 (Original Plaintiff No.2) declared that he has no claim of any nature whatsoever against Defendants in Suit No. 7213/2005 and in First Appeal No. 1137/2014.

2.

Appellant No.2 and Respondent Nos.1 and 3 are present in the Court. They admit the contents of the consent terms. They

Tikam 2/2 13- FA 1137 of 2014 are identified by their Advocates. Consent Terms are taken on record and marked 'X-1' for identification.

3.

Appeal stands disposed of in terms of the Consent Terms. (Sandeep K. Shinde, J.)