1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1080 OF 2008 Umesh H. Gandhi ....Plaintiff Versus M/s. Bhagyalaxmi Builders and Developers & Ors. ....Defendants Mr. B. Tilokani i/b. Jhangiani & Narula, Advocate for the Plaintiff. Mr. Akhilesh Dubey, Advocate for Defendant Nos. 1 to 3. Mr. Patrick Fernandes, Advocate for Defendant No.4 Mr. Prakash Shinde, i/b. Dhruva & Partner, Advocate for Respodent. No.2. in Chs No.243 of 2010. CORAM : R. V. MORE, J. DATE : 8th MARCH, 2010. P.C. : The Plaintiff and Defendant No.4 have settled their dispute amicably out of court and filed Consent Terms. Under clause 24 of the Consent Terms, the suit stands dismissed as against Defendant Nos. 1 to 3. In view of that clause, the Consent Terms will not bind Defendants Nos. 1 to 3 in any manner or, prejudice their interest. The operation, implementation and effect of the Consent Terms is restricted only between Plaintiff and Defendant No.4. 2 2. In pursuance of clause 4, the Defendant No.4 today, hands over 2 Pay Orders for an amount of Rs.25,10,000/- and Rs. 16,00,000/- respectively. The Plaintiff has already executed receipts for the above amounts, which are annexed at page nos.8 & 9 of the Consent Terms. Under clause 17, the Plaintiff agrees that he has given up all its claims, rights, title and interest with respect to the said writing dated 11th March, 2004 and has no claim in future against Defendant No.4 on the suit property. The Consent Terms are signed by the Plaintiff, the Secretary of Defendant No.4 and their respective Counsel. Both the Plaintiff and the Secretary of Defendant No.4 are present before the Court. They admit the contents of the Consent Terms. The undertakings in the Consent Terms are accepted. The Consent Terms are taken on record and marked as Exhibit "X" for identification. The suit is disposed of, in terms of Consent Terms. 3. In view of the disposal of the suit, the notice of motion no. 1360 of 2008 and chamber summons no.243 of 2010 will not survive and same are disposed of. 4. Court fees to be refunded as per the Rules. (R. V. MORE, J.)