1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3082 OF 2007 WITH NOTICE OF MOTION NO.2422 OF 2009 IN SUIT NO.3082 OF 2007 Mahendra Laxminarayan Rastogi ..... Plaintiff. V/s Usha Shambhunath Rastogi and others. ..... Defendants. Mr. N.S. Patel i/b N.S. Patel & Co. for plaintiff. Mr. Anuj Narulla i/b J. Narula & Associates for Defendant Nos. 1 to 3. Mr. Paresh S. Madkaikar for Defendant No.4. Mr. R.N. Ali i/b T. Jariwala & Associates for Respondent. CORAM: V. M. KANADE, J. DATE : 5TH MARCH, 2010 P.C.:- 1. Parties have settled the dispute. They have filed Consent Terms. Plaintiff is also seeking leave to amend the plaint. Plaintiff has filed draft amendment. 2. By consent of parties, leave to amend is granted in terms of the draft amendment. Amendment to be carried 2 out within two weeks. 3. The Consent Terms are taken on record and marked “X” for the purpose of identification. The Consent Terms are signed by the Plaintiff, Defendant Nos. 1 to 4 and Respondent and by their respective advocates. 4. Decree is passed in terms of the Consent Terms. In para 5 of the Consent Terms, the amount of consideration for purchase of Flat No. 1402 is not mentioned. I am informed, however, that the said amount will be the amount mentioned in the Sale Deed. Undertaking given by the Plaintiff and Defendant Nos. 1 to 4 is accepted. All the parties are present in Court. 5. Suit is accordingly disposed of in terms of the Consent Terms. Plaintiff is entitled to refund of court fees in accordance with rules. 6. Since the suit itself is disposed of, Notice of Motion does not survive and the same is also disposed of accordingly. (V.M. KANADE, J.) 3