1. The present second appeal u/s.100 of the Code of Civil Procedure has been preferred by the appellants herein - original defendants to quash and set aside the impugned judgement and decree dated 22/01/1999 passed by learned Trial Court i.e. learned Civil Judge (J.D.), Jhagadia in Regular Civil Suit No.27 of 1989 as well as impugned judgement and order dated 09/09/2004 passed by leaned Appellate Court - learned Joint District Judge, Fast Track Court No.3, Bharuch in Regular Civil Appeal No.22 of 1999, by which, learned Appellate Court has dismissed the said appeal preferred by the appellants herein - original defendants confirming the judgement and decree passed by learned Trial Court decreeing the suit.
2. Today when the present second appeal is taken up for final hearing, Mr.Jigar Patel, learned advocate appearing on behalf of the appellants herein - original defendants and Mr.C.P.Champaneri, learned advocate appearing on behalf of the respondent herein - original plaintiff have stated at the bar that their respective clients are present in the Court and they have placed on record Consent Terms dated 30/07/2012 signed by respective parties i.e. appellants herein as well as respondent herein and by producing the same learned advocates appearing on behalf of the respective parties have submitted that the parties have amicably settled the dispute and original plaintiff has agreed to withdraw Regular Civil Suit No.27 of 1989, which was filed by her. Learned advocates appearing on behalf of the respective parties have requested to dispose of the present second appeal in terms of Consent Terms dated 30/07/2012. Consent terms dated 30/07/2012 signed by the respective parties i.e. appellants herein as well as respondent herein and counter singed by their respective advocates, is directed to be taken on record.
3. In view of the above consent terms dated 30/07/2012, the present second appeal is allowed and judgement and orders passed by both the Courts below are hereby quashed and set aside. Respective parties to act as per the Consent Terms dated 30/07/2012. The present second appeal is disposed of in terms of Consent Terms dated 30/07/2012.
In view of the above, Registry is hereby directed to return the record and proceedings of the case to the learned Trial Court immediately.
[M.R.SHAH,J] *dipti