1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants- original defendants nos. 1 and 2 to quash and set aside the impugned judgment and order dated 12/12/2011 passed by the learned Second Additional Sessions Judge, Nadiad in Regular Civil Appeal No. 151/2001 by which the learned appellate Court has allowed the Appeal preferred by respondent no. 1-original plaintiff and has quashed and set aside the judgment and decree passed by the learned trial Court dated 17/10/2001 in Regular Civil Suit No. 589/1994.
2. Today, when the present Appeal is taken up for admission hearing, Shri Umang Oza, learned advocate appearing on behalf of the appellants-original defendants nos. 1 and 2 and Shri Hemang Raval, learned advocate appearing for Shri Deepak Dave, learned advocate appearing on behalf of respondent no. 1-original plaintiff have jointly stated at the bar, under the instructions from their client, who are personally present in the Court that the parties have settled the dispute amicably and have entered into the consent terms. They have produced on record the copy of the consent terms signed by the appellants-original defendants nos. 1 and 2 as well as respondent no. 1-original plaintiff, which is directed to be taken on record.
3. In view of the above, the learned advocates appearing on behalf of the respective parties, more particularly, the learned advocates appearing on behalf of the appellants as well as respondent no. 1 herein have requested to dispose of the present Second Appeal in terms of consent terms dated 12/04/2012 and to modify the judgment and order passed by both the Courts below accordingly.
4. In view of the above, the present Second Appeal is disposed of in view of the consent terms dated 12/04/2012, which is taken on record and the judgment and order passed by both the Courts below are modified to the aforesaid extent as per the consent terms dated 12/04/2012 and the respective parties-appellants-original defendants nos. 1 and 2 as well as respondent no. 1-original plaintiff are directed to act as per the consent terms dated 12/04/2012.
5. With this, the present Second Appeal is disposed of.
CIVIL APPLICATION No. 1736/2012 In view of disposal of the Second Appeal, no order in the Civil Application.
(M.R. SHAH, J.)
siji