1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.3122 of 2008 Radheshyam Banarasi Vishwakarma ..Plaintiff vs. 1 M/s Sheth Builders Pvt.Ltd. and others ...Defendants Shri R.D.Mishra for the plaintiff. Shri A.S.Shukla i/b Mr.A.V.Khanolkar for defendant no.1 CORAM: S.J.KATHAWALLA J. 9th July, 2009 P.C. 1 This suit is filed by the plaintiff against the defendants inter alia for an order and decree to specifically perform the agreement for permanent alternative accommodation dated 8th April, 2003 in respect of flat no.3, 3rd floor (now new flat no.303) in the building constructed on C.T.S.no.428, 428/A to 28 lying and situate at Kelkarwada, Gavanpada, Mulund (East), 2 Mumbai 400081. 2 The parties have today tendered the consent terms dated 9th July, 2009 which are taken on record and marked X for identification. The consent terms are signed by the plaintiff and defendants as well as their respective Advocates. The plaintiff as well as defendant nos.1,2 and 3 are present in Court. They have informed the Court that they have signed the consent terms of their own free will and volition and that there is no force, fraud or coercion involved. The parties have sought a decree in terms of the consent terms marked X . In view thereof the suit stands decreed in terms of the consent terms marked X . Refund of Court fees as per rules. 3 In view of disposal of the suit notices of motion nos. 4382 of 2008 and 1636 of 2009 also stand disposed of. (S.J.KATHAWALLA J.) 3