1 s 319-2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 319 OF 2009 George Punnackal Joseph ...Plaintiff vs. Digamber Rajaram Nakashe ...Defendant Mr.A.R. Pande for the Plaintiff. Mr.S.G. Shirsat for the Defendant. CORAM : S.C. DHARMADHIKARI, J. DATED : OCTOBER 20, 2010 P.C. :- 1 In this suit which is filed by the plaintiff for declaration that the agreement for sale of the suit flat in favour of the defendant has been validly terminated and that the defendant has no right, title or interest in the suit property. At the ad-interim stage, it is stated that the plaintiff and the defendant mutually negotiated and discussed and have arrived at a settlement. 2 s 319-2009 2 The settlement has been reduced in writing in the form of Consent Terms. The same is presented before this court. 3 The agreement between the parties is that the plaintiff would refund all sums which had been paid by the defendant and in turn, the defendant will withdraw all claims in respect of the flat and would cause no obstruction to the plaintiff asserting his right, title, interest in the property and further, will have no objection if the flat is transferred to the third party as well. 4 These consent terms have been drawn after discussions and negotiations. Both the plaintiff and defendant are aware of the consequences and implications which follow from this consent terms. They state that they are willing to put an end to this dispute and have signed the terms. Constituted Attorney of the plaintiff has signed on behalf of 3 s 319-2009 the plaintiff and the defendant has signed the terms. 5 The Consent Terms have been duly explained and interpreted as well. Constituted Attorney of the plaintiff is present in Court. The plaintiff has appointed the Power of Attorney holder as his duly Constituted Attorney under the General Power of Attorney dated 25h February, 2008. He stated that this Power of Attorney fully authorises the holder to sign and execute any consent terms on behalf of the plaintiff in legal proceedings. Copy of the said Power of Attorney is taken on record. Plaintiff s Advocate identifies the Power of Attorney Holder. He is present in Court. Similarly, the defendant is identified by the Advocate. 6 In these circumstances, I am satisfied that the Consent Terms fully record the agreement between the parties by putting an end to their dispute. The Consent Terms are not contrary to the provisions of 4 s 319-2009 any law nor are they contrary to public policy, therefore, they are taken on record and marked X for identification. The suit is decreed in terms of the Consent Terms. Notice of Motion does not survive in the light of the Consent Terms and stands disposed of accordingly. (S.C. DHARMADHIKARI, J.)