-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No. 554 of 2008 Jamaluddin Karim Masalawala ..Plaintiff vs. 1. Bhawanji Meghji Gala & ors. ..Defendants Mr.Joseph Fernandes for plaintiff. plaintiff present in person. Mr.P.Patel i/b Jhangiani, Narula andAssociate for defendant nos. 2 to 4 Deft.no.1 present in person. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. 2nd May, 2008 2nd May, 2008 2nd May, 2008 P.C. P.C. P.C. 1. The suit is filed for a declaration that the consent terms dated 18th July, 1990 Exh.A to the suit filed in S.C.Suit No.4489 of 1990 in the Bombay City Civil Court at Bombay by the parties is legal, valid, continuing and binding on the defendants and that the plaintiff is entitled to four flats of the total area of 3290 sq.ft. built up in the building known as Shanta Apartments situated at 369-C, S.V.Road, Kandivali (West), Mumbai 400 067, more particularly described in Exh. B to the plaint. 2. The parties have today tendered the consent terms dated 16th April, 2009 signed by the plaintiff, defendant nos.1,2, 3 and 4 as also by the Advocates for the -2- plaintiff and defendant nos.1 and defendant nos.2,3 and 4. The same are taken on record and marked "X" for identification. Defendant no.1 is the proprietor of M/s Samrat Builders, whose rights have been purchased by defendant no.2 (a partnership firm) of which defendant nos.3 and 4 are the partners. Under the said consent terms the parties have submitted that the suit be disposed of in terms of the consent terms dated 16th April, 2009. 3. Under paragraphs 1(a) and 1(b) of the consent terms, the plaintiff has been given row house Nos.R-24 and S-31 at the project known as Gaurav Greens admeasuring 2870 sq. ft. (built up) and 2825 sq.ft. (built up) respectively. The plaintiff who is present in Court informed the Court that he has already been put in possession of the said row houses i.e. R-24 and S-31 by the defendants and that he has no claim of whatsoever nature pending against the defendants. The power of attorney holder of defendant no.3 who is present in Court has also signed the consent terms. Defendant no.4 who is present in person has informed the Court that these consent terms have been signed by them of their own free will and volition and without any force, fraud or coercion. In view of the above, the suit stands disposed of in terms of the consent terms at X. Refund of Court fees as per rules. -3- 4. The original power of attorney executed by defendant no.3 in favour of Mr.Kanhayalal Ramsurat Gupta be returned to the Advocate appearing for defendant no.3 and produced in Court since he has produced a photostat copy of the same which is taken on record and marked "X-1" for identification. (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)