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Judgment
F.M. Reis, J.—Heard Shri J. Mulgaonkar, learned Counsel appearing for the appellant and Shri A. R. S. Netravalkar, learned Counsel appearing for the respondent. Admit on the following substantial question of law :
" Whether the Courts below non-suited the plaintiff on the erroneous assumption that the quotation given by the plaintiff was a complete and concluded contract and ignoring the categorical admission of the defendant that extra work with excess quantities at extra cost which could not have been executed without the defendant''s knowledge or consent had been done by the plaintiff and that this by itself was a tacit admission on the part of the defendant that there was a subsequent oral contract between the parties to execute the said extra work entitling the plaintiff for such extra cost and excess quantities ?"
Shri A. R. S. Netravalkar, learned Counsel waives service on behalf of the respondent.
Heard forthwith by consent of the learned Counsels.
During the course of the hearing of the above Second Appeal, the learned Counsel appearing for both the parties point out that the parties have amicably settled their dispute by conciliation and that they have duly signed the consent terms. The learned Counsel appearing for the appellant pointed out that the consent terms have also been signed by him and accepted the consent terms on behalf of the appellant upon instructions. The consent terms are accepted and taken on record and marked as "X" for identification.
The learned Counsel appearing for the appellant further pointed out that the above appeal be disposed of in terms of the consent terms and the impugned judgments passed by the Courts below be modified and the suit filed by the appellant be disposed of in terms of the consent terms.
Shri Netravalkar, learned counsel appearing for the respondent pointed out that in terms of the consent terms, the respondents have tendered to the appellant a cheque of Rs.40,000/- drawn in favour of the appellant in full and final settlement of the claim of the appellant in terms of the consent terms. The learned counsel for the appellant has acknowledged the receipt of the said cheque. In view of the above, I pass the following :
ORDER
(i) The impugned judgments passed by the learned District Judge-1, FTC, Panaji dated 15.02.2011 and the learned Civil Judge Senior Division, Panaji, dated 06.06.2009 are quashed and set aside.
(ii) Special Civil Suit No. 61/2002/A filed by the appellant is decreed in terms of the consent terms marked ''X'' for identification.
(iii) The above appeal stands disposed of accordingly with no order as to costs.