1 nms3804-06.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3804 OF 2006 IN SUIT NO.3134 OF 2006 Smt.Nirmaladevi D. Patodia .. Plaintiff versus Vineet Devkinandan Patodia & Ors .. Defendants Mr.A.M.Saroagi a/w Mr.Anand Mishra for the plaintiff. Mr.Chetan Kapadia i/by M & M Legal Venture for defendant Nos.1 and 2. CORAM : S.C.DHARMADHIKARI, J. 12th October 2011. P.C.: . In the presence of all the contesting parties, the consent terms duly signed by them/their authorised signatories alongwith the necessary authority in writing, are taken on record. 2 It is stated by Mr.Saroagi appearing for the plaintiff and Mr.Kapadia appearing for the contesting defendants submit that the plaintiff has readily and willingly given up her claim in respect of immovable property, namely, flat which is more particularly described in 2 nms3804-06.doc clause 2 of the consent terms. She has agreed to accept a sum of Rs.10 lakhs in full and final settlement of her claims and disputes. That sum has been paid by defendant Nos.4 and 5. Therefore, there is no impediment for the Society-Respondent No.3 to act upon the transaction which has been entered into by defendant Nos.1 and 2 in favour of defendant Nos.4 and 5 and regularising it in accordance with its by-laws. In the light of the receipt of Rs.10 lakhs, the plaintiff has voluntarily given up her claim and consent terms duly record this understanding. 3 Finding that the consent terms put an end to the private dispute in relation to the immovable property and rights claimed therein and the parties have voluntarily agreed to the terms, the same are taken on record and marked “X” for identification. Upon perusal thereof, I am satisfied that they have been duly signed and executed and they fully and properly record the understanding reached between the parties. Further, I am satisfied that the terms do not contravene the provisions of law. In these circumstances, there will be order in terms of the consent terms, both, the notice of motion and suit which is taken up for hearing and placed on daily board stands disposed off. There will be refund of 3 nms3804-06.doc court fees as per the rules and all interlocutory applications and orders therein stand disposed off and vacated accordingly. No order as to costs. All concerned to act upon an authenticated copy of this order. (S.C.DHARMADHIKARI, J)