- 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 SUIT NO.4354 OF 1994. Gautam A. Tendulkar. ..Plaintiff. vs. Laxmi Dhaul & Ors. ..Defendants. .... Mr.D.R.Zaiwala, i/b.M/s. Niranjan & Co., for the Plaintiff. Mr.Mayur Khandeparkar, i/b. Kanga & Co., for Defendant No.1. Ms.Sonali Shinde, i/b. M/s. Consulta Juris, for Defendant No.3. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 24TH FEBRUARY,2009 : 24TH FEBRUARY,2009 : 24TH FEBRUARY,2009. P.C.: P.C.: P.C.: . In this suit for partition, the plaintiff and defendant no.1 have tendered consent terms dated 24th February 2009 which are taken on record and marked ‘X’ for identification. The said consent terms are signed by the constituted attorney of the plaintiff, the defendant no.1 and the Advocates for the plaintiff and defendant no.1 respectively. Alongwith the consent terms, a photostat copy of the registered Power of Attorney executed by the plaintiff in favour of Mr.Anand Narayan Gunaji dated 21st July 2005 is filed before this Court. 2. The constituted attorney of the plaintiff and defendant no.1 are present in Court. They have informed - 2 - the Court that the said consent terms are executed/ signed by them of their own free will and volition and no force/ fraud/ coercion is involved. 3. Under clause (1) of the consent terms, the defendant no.1 has agreed to pay a sum of Rs.75,00,000/- on or before the execution of the terms. The plaintiff and their Advocates have informed this Court that the plaintiff has already received the said amount of Rs.75,00,000/- from defendant no.1. 4. Under clause (2) of the consent terms, it is recorded that the defendant no.1 shall hand over to her Advocates, M/s.Kanga & Company a bank draft for Rs.25,00,000/- in favour of the plaintiff which bank draft would be handed over to the plaintiff’s Advocates upon the withdrawal of the Belgaum suit no.37/2003. 5. Under clause (3) of the consent terms, in consideration of the above sum received, the plaintiff has agreed to relinquish his half share title and interest in 120 A equity shares of Rs.100/- each bearing Nos.2161 to 2280 (both inclusive) of the 2nd Defendant-Company and consequent thereto relinquishes from the properties and ancestral assets his half undivided right, title and interest in flat no.22, Rakhi - 3 - Mahal, Dinshaw Vaccha Road, Churchgate, Mumbai. 6. Under clause (4) of the consent terms, the plaintiff has undertaken to unconditionally withdraw original suit no.37/2003 filed in the Court of Civil Judge (Senior Division), Belgaum and in consideration of the above sum received, also relinquish from the property and ancestral assets his undivided half share right, title and interest in the residential bungalow alongwith out-houses, appurtenances at Village Belgundi, District Belgaum. The plaintiff has also confirmed that he has no objection if defendant no.1 gets the said property bearing M.P.C. Nos.380/1, 380/2 and 380/3 in Village Belgundi, District Belgaum mutated in favour and in the sole name of defendant no.1 in records of the Gram Panchayat and that the plaintiff would write a letter to the said Gram Panchayat requesting deletion of his name from the said property. 7. Under clause (6) of the consent terms, defendant no.1 has undertaken to unconditionally withdraw Appeal No.RSA 2047/2006 pending in the High Court of Karnataka, Dharwar Bench. 8. Under clause (7) of the consent terms, defendant no.1 has declared and confirmed that none of the - 4 - properties set out in the consent terms have been mortgaged or charged or in any way encumbered with any banks or any Financial Institution or with any other party and undertakes to keep the plaintiff indemnified and harmless against any claim on aforesaid two properties. 9. Under clause (8) of the consent terms, it is agreed between the plaintiff and defendant no.1 that they have no claim of any nature or kind against each other. The plaintiff has no claim against the remaining estate of Dr.A.G.Tendulkar and Mrs.Indumati Tendulkar and that all the properties which are subject matter of the pending suits before this Court and in the Court of Belgaum are solely and exclusively owned by defendant no.1. The plaintiff and defendant no.1 have agreed that in view of the consent terms, the purported memorandum of partition dated 6th July 1975 and any other agreement that may have been signed between the plaintiff and defendant no.1 pertaining to any moveable or immovable property in possession of defendant no.1 are null and void, and shall have no effect. 10. Parties to the consent terms have agreed that they do not desire to seek any order against defendant nos.2 and 3. - 5 - 11. The undertakings given by the plaintiff/defendant no.1 in paragraphs nos.4, 6 and 7 are accepted. 12. In view thereof, the above suit is disposed of in terms of the consent terms marked ‘X’ with no order as to costs. 13. The original documents tendered by the plaintiff in Court to be returned to the plaintiff upon the plaintiff replacing the same with notarised copies and giving an undertaking to this Court that the same shall be brought to this Court as and when directed/required by this Court. 14. Refund of Court fees as per rules. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]