1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION SUIT NO. 2071 OF 2009 WITH NOTICE OF MOTION NO. 2988 OF 2009 Adolf Brono Fernandes. ... Plaintiff. V/s. Vijay Kumar Vinayak Tanawade, Proprietor of M/s. Prasad Builders. ... Defendant. Mr. G.K. Tripathi for the Plaintiff. Mr. R.B. Khanolkar for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 08th SEPTEMBER 2009. P.C. :- In the Suit filed by the Plaintiff for a declaration that an Agreement for Sale and Irrevocable Power of Attorney has lapsed and therefore, is null and void so also that the Defendant has no title in an immovable property. It is stated by both sides that the parties have settled their claim. They have agreed that the Plaintiff would pay a sum of Rs. 16,00,000/- in full and final settlement of all claims. The sum has already been paid by the Pay Orders and the receipt of which is duly confirmed. In the circumstances, the Defendant has relinquished all his right, title and interest in the claim arising under the agreement and irrevocable Power of Attorney. Thus, he confirmed that he has no right, title and interest in the immovable property and he would return all necessary documents that are presently in his possession. He 2 has given an undertaking that no third party rights are created in respect of the Suit property and that since the agreement and Power of attorney to stand cancelled, parties agree that the Plaintiff is entitled to this immovable property and possession thereof. 2. The consent terms are signed by the parties and their Advocates. They are present in Court. In their presence, the terms are taken on record and marked 'X' for identification. I have satisfied myself that the Suit claim is settled willingly by parties having understood fully the implications and consequences flowing from these terms. 3. There is no impediment in passing an order in terms of the consent terms. Accordingly, the Suit stands disposed off in terms of the consent terms. There will be an order and decree accordingly. Undertakings accepted. 4. The Notice of Motion does not survive in the light of the consent terms. Refund of Court fees, if permissible. (S.C. DHARMADHIKARI,J.)