1 NMS.1978/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1978 OF 2010 IN SUIT NO. 1891 OF 2010 Sushma S. Rane ..Plaintiff. Vs. Sai Dham Co,Op. Housing Society Ltd. & Anr. ..Defendants. ---- Mr. S. Shamim i/b Shamim & Co., for the Plaintiff. Plaintiff is present. Mr. B.B. Parekh, for Defendant no.1. Mr. Diwakar Dwivedi, for Defendant no.2. --- CORAM: S.C. DHARMADHIKARI, J. DATED : 27 th AUGUST, 2010 P.C. 1] On the earlier occasion when the notice of motion was placed for ad-interim relief, it was indicated to both sides that this is a fit case where the parties must meet and resolve their dispute amicably. 2] Accordingly, parties have made an attempt and claim for alternate accommodation has been accepted by the society as well as of the developer who are defendant nos.1 and 2 respectively. In such circumstances, the consent terms duly signed by the parties and their 2 NMS.1978/2010 Advocates are taken on record and marked ‘X’ for identification. 3] The plaintiff is present in the Court. She states that the consent terms fully record the understanding arrived at between the parties. She is satisfied that the claim has been accepted and in turn defendant no.2 agreed to comply with the terms and conditions of the agreement and put the plaintiff in possession of the permanent alternate accommodation. Further, it is agreed that the flat which will be provided as permanent alternate accommodation, will be used for purely residential purpose. It is also agreed that use of the terrace will be permitted in accordance with law. The construction will be completed as per the sanctioned plan and the area agreed will be provided to the plaintiff. In such circumstances, I am satisfied that the consent terms can be taken on record as none of the clauses in the agreement between the parties contravene any provision of law nor contrary to public policy. 4] Accordingly, there will be a decree in terms of the consent terms. The suit is disposed of accordingly. Notice of Motion does not survive in the light of the disposal of the suit. Refund of Court fees as per rule. [S.C. DHARMADHIKARI, J.]