1 8-619-79.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj ORDINARY ORIGINAL CIVIL JURISDICTIION EXECUTION APPLICATION NO.135 OF 1999 IN SUIT NO.619 OF 1979 Harkison C. Desai (since deceased) through his heir Mr.Vijay H. Desai .. Plaintiff Vs. Chiranjitlal J. Kumar .. Defendant. And Mr. Vijay H. Desai .. Applicant/ Claimant. Mr. S.M.Shah, for the Plaintiff. Mr. Dinesh Shah i/b. Lilani Shah & Co., for the Defendant. CORAM : R.Y.GANOO, J. DATE : 21st FEBRUARY, 2011 P.C.: Execution Applicant not on board. 1 The Claimant and the Judgment debtor have arrived at consent terms as regards to the adjustment of the decree dated 14th December, 1994. It is to be noted that after the death of original 2 8-619-79.sxw Plaintiff, his heirs namely Mr. Vijay H. Desai and Smt. Nila H. Desai are the only claimants. Counsel of both the sides state that Smt. Nila H. Desai had expired. Her death certificate is annexed to the consent terms at Ex.”C”. Hence, the consent terms are signed by Mr. Vijay H. Desai, surviving claimant and Mr. Chiranjitlal J. Kumar, a judgment debtor. Consent Terms dated 16th December, 2010 signed by the claimant and the judgment debtor and their respective advocates, are tendered today in the court. The parties are present before the Court. Counsel of both the sides state that the parties have signed the consent terms in their respective presence. Counsel of both the sides prays for order in terms of consent terms in execution application. Hence, following order is passed:- (i) Consent Terms in execution application is taken on record and marked as “X” for identification. There shall be an order in consent terms dated 16th December, 2010 which are taken on record. (ii) Execution Application No.135 of 1999 stands disposed of in terms of consent terms. (iii) Undertaking given in para 6 by the Applicant are accepted. 3 8-619-79.sxw (iv) On production of authenticated copy of this Order, Prothonotary and Senior Master shall act accordingly, for allowing the Defendants to withdraw the amount set out in the consent terms. (v) Execution Application disposed off with no order as to costs. (R.Y.GANOO, J.)