1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1272 OF 2009 IN SUIT NO. 1006 OF 2002 SiddarthD. Furia ...Plaintiff. Vs. Santoshdevi D. Kacchara & Anr. ...Defendants. ..... Mr.L.H.Patil for the Plaintiff. Mr.J.S.Kini i/by Mr.Suresh Dubey for defendant nos. 1 & 2. .... CORAM :- ANOOP V. MOHTA, J. DATED :- 2nd December, 2009. P.C.- 1. The matter was adjourned from time to time for settlement. The plaintiff was not willing to settle the matter. The Court had passed the order for fresh bidding. 2. However, later on, by consent, the matter is taken on board, as parties have arrived at settlement and accordingly signed consent terms dated 2nd December 2009. It is countersigned by respective advocates also. The parties are present in Court. There is no dispute about the signatures, identification and 2 authorization of any kind. The statement is made that there is no third person/party involved in the present proceedings. The statement is also made that the consent terms are made within the framework of law and regulation. The consent term marked ‘X’ taken, on record. The parties have agreed for undertakings in view of clauses 4 & 5. Same undertaking is also accepted. In view of above, the Court Receiver also stands discharged without passing account. 4. The money lying with the Court Receiver be refunded to defendant no.2 in view of clause 4, subject to payment of requisite cost, expenses, if any, including the valuation charges. 5. The suit is accordingly disposed of in view of the consent terms. The refund of Court fee, if any, in accordance with law. 6. In view of this, Notice of Motion No.1272 of 2009 is also stands disposed of. (ANOOP V. MOHTA, J.)