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Judgment
F.M. Reis, J
Heard Shri C. A. Coutinho, learned Counsel appearing for the Appellants and Shri I. Agha, learned Counsel appearing for the Respondent. Admit, on the following substantial question of law :
(i). Whether the lower Appellate Court was justified to fix the compensation of damages to the extent of Rs. 2,00,000/- without there being any evidence on record to establish the actual damages suffered by the Respondent ?
Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondent waives service.
During the course of the hearing of the above Appeal, both the learned Counsel have pointed out that the parties have amicably settled their dispute and have signed consent terms dated 01.03.2012 signed by the Appellants and the Respondent and their respective Advocates. The Consent Terms are accepted and taken on record and marked ''X'' for identification. Learned Counsel as such submit that the impugned Judgments passed by the Courts below be set aside and the suit filed by the Respondent be disposed of in terms of the Consent Terms. In view of the above, I pass the following :
ORDER
(i) The impugned Judgments dated 18.09.2009 passed in Special Civil Suit No. 129/03 and the Judgment and Decree passed by the Lower Appellate Court dated 31.08.2010 in Regular Civil Appeal No. 124/2009 are quashed and set aside.
(ii). Special Civil Suit No. 129/2003 filed by the Respondents is disposed of in terms of the Consent Terms marked ''X'' for identification.
(iii). The Appeal stands disposed of in the above terms with no orders as to costs.