IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2888 OF 1990 Pravin Bhagwandas Mistry alias Panchal : Plaintiffs v/s Kantilal Bhagwandas Mistry alias Panchal : Defendants None for plaintiff Advocate G.B. Kedia for defendants 1 and 2 Coram : Shri A.P. Deshpande, J Date : 13.6.2008 P.C. On 6.6.2008 the learned counsel appearing for defendant nos. 1 and 2 made a statement that the suit is rendered infructuous on account of execution of the conveyance deed by the plaintiff so also by the defendant no.1 and 4 to 7 in favour of third party. It was specifically stated that the plaintiff has joined in executing the conveyance along with the above referred defendants in favour of one Ivan Clarine D'souza and the suit property has been transferred in his favour. The counsel had placed on record the deed of assignment dt. 28.12.2006 and copy thereof was marked as 'X' for identification. On the basis of the said statement the court recorded thus, “It prima facie appeares that the parties to the suit have settled the dispute and the settlement has resulted in execution of the deed of assignment referred to herein above. As the counsel for the plaintiff is absent I adjourn the suit by one week with a view to afford one more opportunity to contest the statement made by the learned counsel for the defendant nos. 1 and 2. In the event if the counsel for the plaintiff remains absent on the next date I will be constrained to accept the aforesaid statement and dispose of the suit.” Today as well the counsel for the plaintiff is absent. The learned counsel for the defendant no.1 and 2 has also placed on record : 2 : today a ratification deed dt. 31.12.2006 signed by all the parties including the plaintiff. The ratification deed and the deed of assignment are taken on record. Relying on the statement made by the learned counsel for the defendant nos. 1 and 2 and more so as the plaintiffs have failed to counter the said statement I proceed to dismiss the suit as infructuous for non prosecution. Needless to mention that interim order if any stand vacated. (A.P. Deshpande, J)