: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1379 OF 2008 IN SUIT NO.1608 OF 1993 Smt.Mathurbhai R. Keni ....Plaintiff V/s. Ramchandra M. Keni & Ors. ....Defendants Mr.P.M. Shah i/b Mr.C.D. Patel for the Plaintiff. Mr.G.S. Bhat for Defendant Nos.1 to 26. Mr.J.S. Kini i/b Mr.Suresh Dubey for Defendant Nos.29 and 30. Mr.Pradeep P. Kadam for Defendant No.31. CORAM : S.J. VAZIFDAR, J. DATED : 4TH AUGUST, 2008. P.C. : 1. Defendant Nos.29 and 30 are the heirs of the original Plaintiff No.1. Upon the death of original Plaintiff No.1, Defendant Nos.29 and 30 were initially brought on record as the hears of Plaintiff No.1 and arrayed as Plaintiff Nos.1 and 1-a. Subsequently Plaintiff Nos.1 and 1-a were transposed as Defendant Nos.29 and 30. Thereafter the consent terms were entered into on 16.12.2003. Pursuant to the consent terms, three flats referred to in clause 1 thereof have been handed over. Three flats admeasure about 550 sq.ft., 550 sq.ft. and 473 sq.ft. respectively. : 2 : 2. The flats are lying vacant. This does not enure to the benefit of any of the parties. It is necessary therefore to balance the equities between the parties pending the hearing of the suit and other proceedings including the execution proceedings which may be adopted. 3. Mr.Bhat, the learned counsel appearing on behalf of Defendant Nos.1 to 26 states that Defendant No.3 desires to deposit a sum of Rs.2,28,000/- in this Court within two weeks from today. It is agreed between the parties that at this stage a sum of Rs.1,14,000/- be paid to the Plaintiff and a sum of Rs.1,14,000/- be paid to Defendant Nos.29 and 30 jointly. The payment and receipt are entirely without prejudice to the rights and contentions of all the parties including as to interest and shall be made on account. 4. In the circumstances, the Notice of Motion is disposed of by following order :- i). Flat No.26 shall stand allotted to the Plaintiff. The Plaintiff shall be entitled to exercise all rights absolutely as the owner thereof in view of the said consent : 3 : terms. In the similar terms and conditions Defendant Nos.29 and 30 are allotted flat No.28. ii). Flat No.25 admeasuring about 473 sq.ft. will remain in the joint possession of the Plaintiff and Defendant Nos.29 and 30. Liberty to them to apply in respect thereof. iii). The learned counsel appearing on behalf of the Defendants state that the Defendants are ready and willing to take all the steps necessary for admitting the execution of the documents before the Registrar in respect of the said three flats. The Defendants are at liberty to have the documents stamped and registered in accordance with law. iv). Defendant No.3 is at liberty to deposit a sum of Rs.2,28,000/- in this Court within two weeks from today. 5. The Notice of Motion is accordingly disposed of.