- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION jmi CHAMBER SUMMONS NO.117 OF 2009 IN SUIT NO.1043 OF 2005. Nipun I. Thakkar. ..Plaintiff. vs. Pauline Manuel D’Silva & Ors. ..Defendants. .... Mr.Armeen Vandrewala, i/b. M/s. Utangale & Co., for the Plaintiff. Mr.A.P. Fanitanda, for Defendant Nos.1 to 6. Mr.V.B.Dhawan, for Defendant No.7. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 28TH JANUARY 2009 : 28TH JANUARY 2009 : 28TH JANUARY 2009. P.C.: P.C.: P.C.: . This chamber summons is taken out by the plaintiff to seek orders against the defendant nos. 1 to 6 for execution of the earlier consent terms dated 17th December 2007. The original suit was filed by the plaintiff seeking specific performance of the suit property more particularly described in "Exhibit-A" of the plaint. The said suit was disposed of by the parties by entering into an agreement by consent terms dated 17th December 2007 whereunder the defendant nos. 1 to 6 had undertaken to convey the said suit property in favour of the plaintiff. 2. Since the defendant nos. 1 to 6 failed to comply - 2 - with the agreement arrived at in the consent terms, the above chamber summons was taken out by the plaintiff seeking reliefs as stated above. In the said chamber summons, the parties have once again filed consent terms dated 28th January 2009 which are tendered in Court. The said consent terms dated 28th January 2009 are taken on record and marked ‘X’ for identification. Under Clause 3 of the said consent terms, the parties have agreed to modify clause 6 of the consent terms dated 17th December 2007 and the consideration agreed thereunder have been now enhanced. Under clause 9 of the consent terms, the defendants have agreed and undertaken that they shall not disturb the possession of the plaintiff and his assignees as regards the suit property in any manner whatsoever. The consent terms dated 28th January 2009 are signed by the plaintiff, defendant nos.1 to 7 and the same are also signed by the Advocates of the plaintiff as well as Advocates for the defendants. 3. The plaintiff, defendant no.2 (power of attorney holder for defendant nos. 1, 3 to 6) and defendant no.7 are personally present in Court. They have stated that they have gone through the consent terms and the said consent terms are signed by them of their own free will and volition. Undertakings given by defendant nos. 1 - 3 - to 6 in the consent terms are accepted. 4. In view thereof, the chamber summons is made absolute in terms of consent terms dated 28th January 2009, marked ‘X’ for identification. 5. The chamber summons is accordingly disposed of with no order as to costs. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]