1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2057 OF 2009 Dr.Burjor P. Banaji and Anr. .. Plaintiffs Versus Ardeshir P. Banaji @ Ms.Aida Banaji .. Defendant Mr.Iqbal Chagla, Senior Advocate with S.V.Doijode i/b. Doijode and Associates for plaintiffs Mr.Kedar Desai i/b. Desai, Desai, Carrimji and Mulla for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 5th November 2009. P.C.: 1] This suit was filed for a declaration that the Agreement as set out in the plaint is valid, subsisting and binding on the defendants. The agreement related to releasing and/or assigning, transferring defendants’ undivided share in the suit property which is more particularly described in prayer clause (a) of the plaint. Prayer clause (b) is for specific performance of the said Agreement. 2 2] The matter was pending for interim reliefs, at which point of time, application for adjournment was made so as to explore the possibility of an amicable settlement. After discussion and since the dispute is between family members, it is stated that it is fully resolved and terms are drawn, according to mutual settlement. 3] Consent terms duly singed by the plaintiff, defendant and their Advocates are placed on record. The defendant has agreed to submit to a decree on admission in terms of prayer clause (a) of the plaint. She is also agreeable to a decree being passed in terms of prayer clause (b) thereof. The satisfaction of the decree for specific performance has been set out in the terms and it is stated that it is agreeable to both parties. The decree shall be marked satisfied provided the steps are taken as stipulated in the terms. 4] Plaintiff and defendant have given undertakings in clauses 5 and 8 to 16 of the terms, which are accepted. 5] Consent terms have been signed by parties after fully 3 understanding the implications and consequences. There is no pressure or force and the terms have been tendered willingly. Both sides are present in Court. 6] In these circumstances, there will be an order in terms of consent terms and more particularly because I am satisfied that the dispute has been amicably resolved, the undertakings have been accepted. The suit is decreed accordingly. Refund of court fees as per rules. No costs. Notice of Motion No.2915 of 2009 does not survive in the light of disposal of the suit. (S.C.DHARMADHIKARI, J)