1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO.666 OF 2008 Durgadevi w/o. Subhash Chandra Chaurasia & Ors. ..Plaintiffs. vs. Chameladevi w/o. Krishna Prasad chaurasia & Ors. ..Defendants. .... Mr. G.N. Salunke, i/b. Mr.Umesh Kurund, for Plaintiffs. Mr.Rakesh K. Agrawal, for Defendant Nos.1 to 5. Mr.Anand Kumar Singh, for Defendant No.6. Durgadevi Chaurasia, Plaintiff No.1, present. Chameladevi Chaurasaia, Defendant No.1, present. Genalal Chaurasia, Defendant No.2, present. Suresh Chaurasia, Defendant No.3, present. Mahesh Kumar Chaurasia, Defendant No.4, present. Ganesh Chaurasia, Defendant No.5, present. .... CORAM : S.J.KATHAWALLA, J. DATE : 7TH JULY 2009. P.C. The suit is filed by the plaintiffs for a declaration that all the properties mentioned in Exhibit-B to the plaint are the properties of the joint Hindu families of the plaintiffs and the defendants and the 2 plaintiffs have 50% share in the properties. The plaintiffs have also sought an order for sale of all the joint Hindu properties including 50% share in shop no.1 and division of the amount realised from the said sale between the plaintiffs and defendant nos.1 to 5 equally. 2. Parties have today tendered consent terms dated 28th April 2009 signed by the plaintiff no.1 for herself and as the mother and natural guardian for plaintiff nos. 2 & 4 and signed by defendant nos.1 to 5. The Advocates for the plaintiffs as well as the defendants have also signed the consent terms. 3. The consent terms are also interpreted in Hindi to the plaintiff no.1 and defendant nos. 1 to 5 by the Interpreter, High Court, Bombay. The mother of plaintiff nos.2 to 4 is allowed to act as guardian for plaintiff nos. 2 to 4 for the purpose of the suit/ consent terms. The said consent terms are taken on record and marked `X' for identification. The plaintiffs as well as the defendants who are present in Court have informed the Court that they have signed the consent terms at their own free will and 3 volition and there is no fraud, force or coercion. 4. Accordingly, suit is disposed of in terms of the consent terms marked 'X' with the following modifications :- (i) The sum of Rs.11,25,000/- received by the plaintiff on behalf of the minors shall be deposited in a Nationalised Bank in the names of the three minors in separate accounts, i/.e. Rs. 3,75,000/- in each account and the said minors shall be entitled to withdraw the same from the bank, only upon attaining the age of 21 years. However, the plaintiff no.1 shall be entitled to use the interest received from the amount, so deposited for the upkeep of the said minors till they attain the age of 21 years. The plaintiffs shall be at liberty to apply to this Court if the plaintiffs are required to use any part of the amounts deposited with the Bank, prior to the minors attaining the age of 21 years. The Prothonotary and Senior Master shall appoint / nominate an officer of this Court, to open separate fixed deposit accounts in the names of the three minors jointly with the plaintiff 4 no.1. Upon receipt of the said amount of Rs.11,25,000/- the Advocate for the plaintiff shall hand over the same to the officer of this Court, appointed/ nominated by the Prothonotary and Senior Master and also assist such officer in opening and depositing Rs.3,75,000/- in each such fixed deposit account on such terms and conditions, which would accrue maximum returns on the said deposits. The bank shall be instructed not to allow withdrawal of the amounts deposited with the bank in all the three fixed deposit accounts without the signature of the officer of the Court. However, the signature of the said officer shall not be required for withdrawal of interest accrued on the deposits by plaintiff no.1. The learned Advocate for the plaintiffs shall under cover of his letter, forward a copy of this order to the said Bank and ask them to keep the same on their records and act accordingly. (ii) Plaintiff no.1 shall not part with possession or create any third party rights or surrender tenancy rights to the landlord/s or to any other person in respect of their 50% share in shop no.1 5 at 105-B-Dulhanbee Kasam Khan Chawl, Elphinstone Road, Mumbai, until all the three minors i.e. defendant nos.2, 3 and 4 complete the age of 21 years or without obtaining permission of this Court. 5. The undertakings given by defendant nos. 1 to 5 in paragraph 5 and 6 are accepted. The suit is accordingly disposed of. 6. Notice of Motion No.874 of 2008 also stands disposed of. Refund of Court fees as per rules. Certified copy is expedited. However, parties shall act on a copy duly authenticated by personal assistant of this Court. [ S.J.KATHAWALLA, J. ]