1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1660 OF 2009 Vasudev Vaneram Rawal .. Plaintiff Vs. Chandraprabhuji Jain Derasar Trust and Ors. .. Defendants Plaintiff present in person Mr.K.T.Kukreja i/b Mr.Santosh Adukia for the defendants CORAM : S.C.Dharmadhikari, J. DATE : September 2, 2010 P.C. : 1. The representative of defendant no.1 trust i.e. the Constituted Attorney is also present. In their presence, Mr.Kukreja, the learned counsel for the defendants tenders consent terms which records mutual agreement and settlement between the parties. The same is taken on record and marked 'X' for identification. 2. The plaintiff has under these terms given up his right, title and interest in the suit premises and states that defendant no.1 are/were in use and occupation, so also, possession of the suit premises and continue to retain it. Further, the plaintiff will withdraw all criminal and civil cases. 2 3. In lieu thereof, defendant no.1 has agreed to pay to the plaintiff, a sum of Rs.5 lacs purely as a Charitable Act of a public charitable trust for services rendered. However, without claiming any right, title and interest of any nature, the plaintiff and his family members will be permitted to the use and occupy gratuitously the premises described in the terms and more particularly in clause 7 of the consent terms.. The plaintiff agreed that he will use, possess and occupy the premises as per the said terms purely on gratuitous basis without claiming any right, title and interest therein. 4. The plaintiff is present in court. Although he is not familiar with English language, his advocate stated that the terms are interpreted and explained to him in Hindi. He has understood them with all their consequences in law. He willingly gives up his right, title and interest in the suit property and agrees to accept the arrangement recorded in clause 7 of the terms. He also gives an undertaking in terms of clause 10 after fully appreciating the terms and the consequences. 5. Since parties are willing and without any force or pressure have settled their inter se disputes and further defendant no.1 being a public charitable trust, there is no impediment in law in taking the terms on record. The terms do not contravene any provisions of law nor are they contrary to public policy. In these circumstances, there will be an order in terms of the consent terms. Undertaking in clause 10 is accepted. Suit is disposed of 3 accordingly. Notice of Motion, if any, does not survive. Ad-Interim orders, if any, stand vacated. ( S.C.Dharmadhikari, J. )