1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2701 OF 2009 IN SUIT NO.1935 OF 2009 Bhavesh S. Joshi and anr .. Plaintiffs -versus Union Bank of India and 6ors .. Defendants Mr. Mahesh Menon, advocate, for the plaintiff. Ms. Sumedha Sawant i/b M N. Amin for the defendant No.1 CORAM: ANOOP V. MOHTA, J. DATED: 25th February, 2010 P.C. 1. In a suit for declaration filed by the Plaintiffs against defendants that they are the owner of the suit flat since they have purchased from other defendant ie Defendant Nos 2 to 4. 2. The plaintiffs and the defendant No.1 have arrived at a settlement and it has been recorded in the form of the minutes of order dated 22nd February, 2010, singed by the plaintiffs and the authorized official of defendant No.l and their respective advocates, taken on record and marked 'X'. Plaintiff Nos l & 2 and officer on behalf of defendant No.l are present in the Court. 2 3. Affidavit of service dated 25th February, 2010, is filed with regard to defendant Nos 2 to 7 informing them about the settlement marked 'XY'. None appeared for those defendants. No- one is appearing for the defendant No.7 to whom the Plaintiffs have mortgaged the property in question. 4. There is no objection with regard to the signature, authorization and entitlement of any kind. A statement is also made that this consent terms are well within the framework of law and record and no third person/parties will be affected by this. 5. The suit is accordingly disposed of as against defendant NO.1. The suit shall continue against all other defendants. 6. The parties have recorded and agreed for undertaking as per clause No.11 which is also accepted. ( ANOOP V. MOHTA, J.)