IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.387 OF 2008 IN NOTICE OF MOTION NO. 1271 OF 2008 IN SUIT NO.1039 OF 2008 WITH NOTICE OF MOTION NO.3601 OF 2008 Sunil Harishchandra Sharma ... Appellant Vs Vasundhara Harishchandra Sharma and others ... Respondents Mr. D.J. Lulia for the appellant. Mr. M.C. Hegde for the respondents. CORAM: SWATANTER KUMAR, C.J., & S.A. BOBDE , J. DATE : 22ND OCTOBER , 2008 P.C.: Notice of Motion as well as the appeal is taken up for hearing by consent of the parties. During the course of hearing, the learned counsel for the parties submit that the present appeal can be disposed of by the consented order. The agreed terms are as under: (a) The injunction granted by the learned Single Judge vide order dated 27th June, 2008 shall continue to be in force till disposal of the suit. (b) The respondents in the appeal shall file an affidavit in the court stating all the properties, income receipts in relation to the estate of the deceased. (c) They shall also file an affidavit stating the properties which they are dealing and the source from where such properties were purchased and when. We make it clear that proper documents shall be annexed to this affidavit. (d) The respondents shall file an undertaking before the court trying the suit that the movable properties/the Fixed Deposit Receipts and PPF amounts which were payable to the respondents and/or the appellant as nominees. All such amounts would be invested by them and details thereof alongwith the copies of the documents showing investment shall be filed in the court. It is made clear that none of the parties should utilise those amounts for their personal benefit during the pendency of suit except with the specific leave of the court. (e) The respondents shall maintain due accounts of the income that they are receiving from the properties which were in the name of the deceased and file said accounts in court every quarter. This amount being received by them can be utilised for their benefit. The above agreed terms are otherwise just, fair and equitable. We accept the same. Consented terms are confirmed by this order. Writ petition stands disposed of with no order as to costs. CHIEF JUSTICE S.A. BOBDE, J.