*1* s.2798.10.nms.3026.10.4 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2798 OF 2010 WITH NOTICE OF MOTION NO.3026 OF 2010 Haresh K. Samtani. ..Plaintiff -Versus- Sam Eruch Daruwalla and another. ..Defendants .......... Mr.P.S.Gidwani for the Plaintiff. M.sJaver N. Mamniya, for the Defendant No.1. Ms.Nityoah Mehta with Mr.Jay Mehta i/b Nityoah Suneel & Associates, for the Defendant No.2. Rumi P. Titina, Secretary of Society, present in person. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 22nd December, 2010. P.C. 1 The Plaintiff and the Defendants have settled the dispute in the suit itself and requested that although the Notice of Motion is placed on board, by consent the suit itself may be listed on daily board for filing the consent terms. Pursuant to this specific request that the suit is taken up. 2 The consent terms duly signed by the Plaintiff and his Advocate and the Defendant Nos.1 and 2, so also, their Advocates are taken on record and marked “X” for identification. 3 It is stated that the flat in a building of the Cooperative Housing Society in question namely Flat No.3 will be divided and shall be listed in the record of society as Flat No.3 and Flat No.3-A. In other words, there will be two flats. Division is agreed by the parties in terms of the *2* s.2798.10.nms.3026.10.4 plan which is annexed to the consent terms. The Society is also signatory to the consent terms pursuant to the resolution passed in the meeting held on 12.12.2010. The Secretary of Defendant No.2 Society is authorized to sign the consent terms and file in the Court. Thereafter, now the Society is also agreeable to issue separate share certificates to the Plaintiff and the Defendant No.1. All such agreements are by consent. The parties are fully explained the consequences of the terms and the terms put an end to the dispute and differences mutually. Essentially the dispute is with regard to the right, title and interest in the immovable property, which is a flat in a cooperative housing society but ensuring that the Society is also before the Court; there is no impediment in passing the decree in terms of the consent terms because the consent terms do not contravene any provisions of law nor are they against the public policy. 4 The suit stands decreed in terms of the consent terms. The undertaking in clauses 7 and 8 are accepted as undertakings to this Court. The entire Court fees as paid including excess fees be refunded as per rules. No costs. 5 The Notice of Motion is also disposed of in the light of the consent terms. Interim order, if any, stands vacated. (S.C. Dharmadhikari, J)