: 1 : nms-1639-09.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1639 OF 2009 IN GUARDIANSHIP PETITION NO.78 OF 2007 Vasant Dinkarlal Shah & Anr. .. Petitioners v/s. Dharmendra Vallabhdas Shah .. Respondent ......... Mr. M.D. Shah i/b Dinesh C. Shah for the petitioners Mr. A.V. Chatuphale for the respondent ......... CORAM : R.Y.GANOO, J. DATE : 29th APRIL, 2011 P.C. : 1. Both the petitioners and the respondent are present in the Court. Three children that of the respondent are also present. The Guardian Petition No.78 of 2007 was filed by the petitioners. Consent terms were arrived at in the said Guardian Petition between the petitioners and the respondent and order dated 21st July, 2008 was passed thereby taking those consent terms on record and order was passed in terms of consent terms. On account of said consent terms, Kum. Riddhi and Master Harsh were to go with the petitioners and Kum. Harshita was to be with the respondent. Thereafter, the petitioners took this notice of motion for modification of order dated 21st July, 2008. : 2 : nms-1639-09.sxw 2. In the course of hearing of this notice of motion some suggestions were given to both the parties and ultimately the petitioners have shown willingness to handover the custody of Kum. Riddhi and Master Harsh to the respondent in his capacity as natural guardian. On account of this arrangement, all the three children will be with the respondent where ever the respondent would be residing. Today, consent terms dated 29th April, 2011 duly signed by both the petitioners and respondent and their respective advocates have been tendered in the Court. The said consent terms are explained to the respective parties. This is being stated on the basis of endorsement passed by the respective learned advocates. The petitioners informed this Court that they have understood the text of the consent terms and shall act on the basis of the consent terms. Same is the case with the respondent. In view of the above, following order is passed. ORDER (i) Consent terms dated today i.e. 29th April, 2011 as aforesaid are taken on record and marked “X” for identification. There shall be order in terms of consent terms which are taken on record. Motion disposed off accordingly. (ii) Undertakings given by the petitioners in clause 2 is accepted. There shall be no order as to costs. (R.Y.GANOO, J.) : 3 : nms-1639-09.sxw