1 sl3099-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO.3099 OF 2010 Menaka Pravin Pillay and Pravinkumar G. Pillay .. Plaintiffs Vs. Srushti Sangam Enterprises P.Ltd. and Ors. .. Defendants Ms.Manjusha i/b Ms.Suchitra Kamble for the plaintiffs Mr.I.S.Thakur i/b M/s.Global Juris Consults for the defendant nos.1 and 2 CORAM : S.C.Dharmadhikari, J. DATE : December 15, 2010 P.C. : 1. The suit for specific performance of an agreement for sale between plaintiffs and defendant no.1 and 2 has been settled. Defendant no.3 is stated to be Ex-Manager of defendant no.1 and therefore, not concerned with the claim in the suit. Defendant no.4 is Co-op.Housing Society whose property defendant no.1 is developing. Both are therefore, proforma defendants and no reliefs are sought against them. Suit to stand dismissed as withdrawn against these defendants. 2. As far as plaintiffs and defendant nos.1 and 2 are concerned, essentially the 2 sl3099-10 suit is between them. Defendant nos.1 and 2 are the vendors and plaintiffs are purchasers. They have inter se arrived at a settlement and mutually putting an end to dispute. Defendant nos.1 and 2 are ready and willing to sell the suit property to the plaintiffs provided they adhere to the clauses in the Consent Terms. Plaintiff no.1 is the wife of plaintiff no.2. Both are ready and willing to abide by the clauses in the Consent Terms. They have perused the same and aware of the consequences flowing therefrom. 3. Equally, the defendant no.1 is a Private Limited Co and defendant no.2 is the Managing Director of Defendant no.1. They have perused the terms and they are agreeable to the arrangement recorded therein. In these circumstances, consent terms are taken on record and marked 'X' for identification. Suit is decreed in terms of consent terms. Order accordingly. Refund of court fees as per rules. No order as to costs. Notice of Motion does not survive in the light of the disposal of the suit. Mr.Thakur, learned counsel appearing on behalf of defendant nos.1 and 2 accepts cheque of Rs. 3,41,951/- which is handed over in part consideration / payment today in court. ( S.C.Dharmadhikari, J. )