1 903.nms.1073.11.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1073 OF 2011 ALONG WITH NOTICE OF MOTION NO.1169 OF 2010 IN SUIT NO.538 OF 2009 Hasumati R.Shah .. Plaintiff versus M/s.Devleela Developers ..Defendant --------------------------------------- Mr.A.S.Gaikwad,for the Plaintiff. Mr.H.S.S.Murthy a/w Piyush Shah,for the Defendant. CORAM: S.J.KATHAWALLA, J. DATED: APRIL 21, 2011 P.C. The following order is passed by consent of the parties. i) The Plaintiff agrees and undertakes to pay the stamp duty on the agreement for sale of the suit flat forwarded to him by the Defendant , on or before 28.04.2011. The undertaking is accepted. ii) The Plaintiff further agrees and undertakes to pay to the Defendant the maintenance charges already paid by the 2 903.nms.1073.11.sxw Defendant to the society in respect of the Suit Flat upon production of the receipts issued by the society, on or before 2nd May,2011. The undertaking is accepted. iii) Upon Defendant paying stamp duty and maintenance charges as agreed and undertaken in clauses (i) and (ii) the Defendant shall forthwith hand over quite,vacant and peaceful possession of the suit flat to the Plaintiff and shall also obtain a letter of possession from the Plaintiff. iv) Upon payment of the amounts set out in Clauses (i) and (ii) above and handing over possession of the suit flat as agreed in clause (iii) above the parties agree that they shall have no claim against one another. v) The parties unconditionally withdraw all the allegations made against each other. However it is clarified that the final orders passed in Writ Petition No.2209 of 2009 shall be binding on all the parties. 2 In view thereof the Notice of Motion Nos.1073 of 2011 and 1169 of 2010 stands disposed of. 3 The Suit is not on board. However the same is taken on board and is disposed of. Refund of court fees if any as per Rules. ( S.J.KATHAWALLA, J ) 3 903.nms.1073.11.sxw