1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants- original plaintiffs to quash and set aside the impugned judgment and decree passed by the learned Civil Judge, (Senior Division), Navsari dated 29/04/1998 in Regular Civil Suit No. 149/1995 dismissing the said suit as well as the impugned judgment and order passed by the learned appellate Court dated 09/02/2005 in Regular Civil Appeal No. 106/1998 in dismissing the Appeal confirming the judgment and decree passed by the learned trial Court dismissing the suit.
2. Today, when the present Second Appeal is taken up for hearing, Shri Sunil Patel, learned advocate appearing on behalf of the contesting respondents-original defendants has stated at the bar that the parties have settled the dispute amicably and they have entered into one agreement/consent terms dated 27/01/2012. He has produced on record the original consent terms signed by the respective parties, which is directed to be taken on record. It is submitted that under the consent terms the appellants-original plaintiffs are required to withdraw the present Second Appeal as the parties have agreed to act as per the settlement dated 27/01/2012.
3. In view of the above, the present Second Appeal is disposed of in terms of consent terms dated 27/01/2012, which is taken on record and the parties to the said agreement are directed to act as per the consent terms dated 27/01/2012.
(M.R. SHAH, J.) siji