1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO.132 OF 2006 IN SUIT NO. 81 OF 2006 Nirmal Kau Randhirsingh Anand @ Bakshi. .... Plaintiff. V/s. Amarjeetsingh Randhirsingh Anand @ Bakshi & Ors. .... Defendants. ....... Mrs. Vaishali V. Thorat with Mrs. Prachi Tatke for the Plaintiff. Mr. A.V. Anturkar i/b. Ms. Rupali V. Pawar for Defendant 1. Mr. J.S. Saluja for Defendant 3. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 13TH FEBRUARY 2008. P.C. :- This is a dispute between members of the same family. At the hearing of the Notice of Motion, contesting parties and the Advocates are present before the Court. The Court has heard arguments 2 addressed by Counsel and, in the interest of justice, I had also permitted parties who wished to address the Court to do so. Consent Terms have eventually been arrived at after a considerable degree of discussion between the learned Advocates and parties. All Counsel, who have discharged their duties admirably and fairly, stated before the Court that the Consent Terms are in the interests of the family and the welfare of all the parties. The Consent Terms are taken on the record and marked 'X'. The Consent Terms are signed by the Plaintiff and by the First Defendant who are the contesting parties and by the respective Advocates. On 23rd January 2006, an undertaking was furnished by Defendants 1 to 3 to pay to the Plaintiff every month a sum of Rs.5,000/- each with effect from 10th February 2006 and for every succeeding month thereafter till further orders. Parties have agreed that the Consent Terms will not affect the continuation of that order, which shall continue to remain in operation. There shall be an order on the Notice of Motion in terms of 3 the Consent Terms. The Consent Terms which constitute a working arrangement, pending the disposal of the suit shall be without prejudice to the rights and contentions of the parties in the suit. Since the Plaintiff is 78 years of age, the hearing of the suit is expedited. The First and the Third Defendants waive service of the writ of summons. The written statement of the First and Third Defendants shall be filed within a period of eight weeks from today. ------