1 cs1155,1867 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1155 OF 2010 in SUIT NO. 1867 OF 2010 Sanjay M.Dambre .. Plaintiff vs Rajendra M.Dambre .. Defendant Mr.Ashok Goel for Plaintiff Mr.P.J.Thorat for Defendant CORAM: S.C.DHARMADHIKARI, J DATED: 6th September, 2010 P.C. 1. The plaintiff and the defendant in this suit are brothers. There were disputes between them arising on account of possession of two shop premises which are named as 'May Bap General Stores and 'May Bap Steel Bhandar. After prolonged negotiations and discussions, they agree that the plaintiff was in possession of the general stores whereas the defendant was in possession of the Steel Bhandar. Both the shops are 2 cs1155,1867 described in the consent terms and particularly in clauses (1) and (4) thereof. There was a receiver appointed in the suit of these shops because of disputes but, now both sides have resolved that possession was in the manner set out in the consent terms and they agree to withdraw all proceedings including not proceeding with criminal complaints. 2. It is clarified that this dispute was only with regard to possession of the premises and the right, title and interest of the parties and others claiming the same will be independently resolved and shall not form part of these consent terms. These consent terms only put an end to the dispute with regard to the physical possession and carrying on the business. 3. In the light of these clarifications and finding that both the brothers are willing to accept each other's possession without any pressure or force, I am satisfied that a decree can be passed in terms of these consent terms. The Consent terms do not decide the issue of right, title and interest in the premises and it is clarified accordingly. Consent terms are 3 cs1155,1867 taken on record and marked X for identification. 4. Order in terms of consent terms. Notice of motion disposed of accordingly. Receiver to stand discharged without passing accounts but, payment of usual costs, charges and expenses. Court receiver to act on an authenticated copy of the order. Chamber Summons also does not survive in the light of the disposal of the suit, Undertakings of the plaintiffs in clause 10 of the consent terms are accepted. S.C.Dharmadhikari, J 4 cs1155,1867 5 cs1155,1867 6 cs1155,1867 7 cs1155,1867 8 cs1155,1867 9 cs1155,1867