1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2181 OF 2010 IN SUIT NO.2174 OF 2010 Dr.Sadanand Shetty .. Plaintiff Vs. Shree Navkar Enterprises and Ors. .. Defendants Mr.Basant Tilokani i/b M/s.Jhangiani, Narula and Associates for the plaintiff Mr.Pritesh Patel for defendant no.1 Mr.A.Savant for defendant no.2 Ms.H.M.Shetye for defendant no.3 CORAM : S.C.Dharmadhikari, J. DATE : August 25, 2010 P.C. : 1. This Notice of Motion has been placed for ad interim relief. The plaintiff is a medical practitioner and he has under an agreement purchased shop no.3 admeasuring 305 sq.ft. carpet area. The suit is filed because defendant no.3 was obstructing the plaintiff from using and occupying the said premises. However, defendant no.2 developer is impleaded because he had failed to comply with the terms and conditions of the development agreement/individual agreements with the plaintiff. 2 2. At the hearing of the notice of motion for ad interim relief, parties appeared and stated that the entire claim in the suit is amicably settled. Defendant nos. 1 and 2 have confirmed the sale in favour of the plaintiff. Further, even the Society has agreed that to the extent that the shop premises have been purchased by the plaintiff from defendant no.1, defendant no.3 Society will not obstruct the usage and occupation of the said premises by the plaintiff. 3. The terms to this effect are drawn by the parties. The same are signed by them and their advocates. The Secretary of the defendant no.3 has signed the terms on behalf of the Society and he has been duly authorized to do so by the said Society. 4. Having perused the Consent Terms and satisfied myself that they do not contravene any provisions of law nor are contrary to public policy, the same are taken on record and marked 'X' for identification. Parties are present in the court. There will be an order and decree in terms of the consent terms. However, it is clarified that the order does not enable the plaintiff to become a member of defendant no.3 Society and all pleas in that behalf of the Society are kept open. Suit is disposed of accordingly. 5. Refund of Court Fees as per rules. In view thereof, Notice of Motion does not survive. The same also stands disposed of as infructuous. ( S.C.Dharmadhikari, J )