- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. ORIGINAL CIVIL JURISDICTION. jmi SUIT NO.2711 OF 2005. Mona Ashok Manial. ..Plaintiff. vs. Mukesh Lalchand Talreja & Anr. ..Defendants. ALONGWITH SUIT NO.2461 OF 2005. Mukesh Lalchand Talreja & Anr. ..Plaintiffs. vs. Mona Ashok Manial & Ors. ..Defendants. .... Mr.Suresh Dubey, i/b. J.S. Kini, for Plaintiff, in Suit 2711/2005 & for Defendants in Suit No.2461/2005. Mr.Shridhar Patil, a/w. Mr.G.D. Uttangale, i/b. Utangale & Co., for Defendants, in Suit No.2711/2005 & for plaintiffs in Suit No.2461/2005. Mona A. Manial, Plaintiff in Suit No.2711/2005, present. Ritu Mukesh Talreja, Defendant No.2 in Suit No.2711/2005, present. Mr.Mukesh Lalchand Talreja, Defendant No.1, present. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 20TH APRIL, 2009 : 20TH APRIL, 2009 : 20TH APRIL, 2009. P.C.: P.C.: P.C.: . This suit is filed by the plaintiff for a declaration that the defendants have tress-passed in the suit flat i.e. Flat No.A-16 in building No.A-2 in The Dahisar Shree Avadhooth Co-op. Hsg. Society Ltd., Dahisar (East), Mumbai-400 068 and for a mandatory order, directing the defendants to quit, vacate and hand over the vacant and peaceful possession of the suit flat - 2 - to the plaintiff. 2. Today, the parties have tendered consent terms dated 17th April 2009, duly signed by the plaintiff and the defendants and their respective Advocates and have submitted that the suit be disposed of in terms of the consent terms. The said consent terms are taken on record and marked ‘X’ for identification. 3. Under clause (1) of the consent terms, parties have agreed that the said flat will be sold to the highest bidder by private sale, within a period of 4 months from today. Under clause (2) of the consent terms, it is agreed that the sale proceeds received would be divided amongst both the parties, i.e. the plaintiff and the defendants in equal shares. Under clause (3) of the consent terms, it is agreed that the defendants shall be entitled to withdraw the amount deposited by them in the Office of the Court Receiver and not liable to pay any royalty till the Receiver is discharged as set out in clause (6). Under clause (4) of the consent terms, the plaintiff has agreed to withdraw the criminal case filed in the 15th Metropolitan Magistrate’s Court at Mazgaon, within a period of 15 days from today. Under clause (5) of the - 3 - consent terms, it is recorded that the plaintiff does not wish to press for any further reliefs in view of the consent terms. Under clause (6) of the consent terms, it is agreed that upon the execution of the sale agreement, Court Receiver, High Court, Bombay will stand discharged without passing any accounts. However, this Court makes it clear that the Court Receiver shall return the amounts as set out in clause (3) only after deducting his cost, charges and expenses. Under clause (7) of the consent terms, it is recorded that in view of the consent terms, the defendants shall withdraw the suit no.2461/2005 filed by them before this Court. 4. As set out earlier, the parties and their respective Advocates have signed the consent terms. The plaintiff and the defendants are present in Court and they have informed the Court that the consent terms are signed by them of their own free will and volition and there is no force, fraud or collusion involved. 5. I am of the view that the compromise arrived by and between the plaintiff and the defendants is fair and in the interest of both the parties. In view thereof, the suit no.2711/2005 stands disposed of in terms of the consent terms marked ‘X’ with no order as to costs. - 4 - Refund of Court fees as per rules. 6. The learned Advocate for the defendants, on instructions from the defendants seeks to withdraw the suit no.2461/2005 filed by them. Suit No.2461/ 2005 is, therefore, dismissed as withdrawn with no orders as to costs. Refund of Court fees as per rules. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]