- 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 NOTICE NOTICE NOTICE OF MOTION NO.1430 OF 2006 OF MOTION NO.1430 OF 2006 OF MOTION NO.1430 OF 2006 IN IN IN SUIT SUIT SUIT NO.1207 OF 2006. NO.1207 OF 2006. NO.1207 OF 2006. Pravin Devichand Mutha. ..Plaintiff. v/s. Rukhmanidevi Bhagwandas Talival. ..Defendant. .... Mr. Nandu Pawar, for the Plaintiff. Mr. Dilip Rai, i/b. Ajay Rao, for the Defendant. Ms. Seema Gupta, i/b. A.M. Sarogi, for the Applicant. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 25th NOVEMBER, 2008 : 25th NOVEMBER, 2008 : 25th NOVEMBER, 2008. P.C.: P.C.: P.C.: 1. The present suit is filed by the plaintiff against the defendant seeking specific performance of an agreement for sale dated 10th June 2005 executed between the plaintiff and the defendant in respect of flat no.3 admeasuring 520 sq.ft. carpet area on first floor of 31-B, Bhagawati Bhawan, next to Russian Cultural Centre, Peddar Road, Mumbai-400 026. The notice of motion in the suit is for appointment of court receiver in respect of the suit flat and for injunction against the defendant from selling, disposing of or creating third party rights in respect of the suit flat. 2. The parties have today tendered a copy of the consent - 2 - terms dated 25.11.2008 signed by the plaintiff and the defendant. The advocates for the plaintiff as well as the defendant have also signed the consent terms. The defendant alongwith her Son Dhanesh Bhagwandas Talival are present in Court. Apart from the fact that it is set out in the consent terms that the said terms are interpreted by the Interpreter, High Court, Bombay in Hindi language to the defendant, the defendant has also confirmed before this Court that the said consent terms are explained, interpreted to her in Hindi and she has understood its contents. She submits that she has agreed to the terms of her own free will and she has not signed the consent terms under any force or coercion. The said consent terms are taken on record and marked as ‘X’ for identification. 3. The learned advocates for the parties have submitted that in view of the said consent terms which they would be filing in the suit and obtaining a decree in terms thereof, the notice of motion has become infructuous and the same be allowed to be withdrawn. In view thereof, notice of motion is dismissed as withdrawn. [S.J.KATHAWALLA,J.]