1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.3581 of 1994 1 Mashia s/o Syed Rajji and others ..Plaintiffs vs. 1 Smt.Gohar Yakub Khan & anr. ..Defendants Mr.Ali A.Zaidy i./b Zaidy and Co. for plaintiffs. Mr.V.R.Sutrale for defendants. CORAM: S.J.KATHAWALLA J. 17th July, 2009 P.C. 1 This suit is filed by the plaintiffs against the defendants seeking a mandatory order and injunction of this Court against the defendants to remove themselves, their servants and agents and all persons claiming under them and their articles, if any, lying in the said flat nos.1307 and 1308 and the garage on the ground floor of Malkani Tower, 2 Bandivali Hill Road, Jogeshwari, Mumbai 400 060 and to quit, vacate and deliver vacant and peaceful possession of the suit flat and the garage along with furniture, fixtures and household articles lying in the said flats belonging to plaintiff nos.1 and 2 to the plaintiffs. The plaintiffs have also sought an order and decree against the defendants to pay a sum of Rs.1,05,000/- being the arrears of mesne profits/damages and further mesne profits at the rate of Rs.1500/- p.m. from the date of the suit till payment along with interest on Rs.1,05,000/- and the accruing compensation at the rate of 18% p.a. from the date of the suit till payment. 2 The parties have today tendered the consent terms dated 17th July, 2009 signed by the plaintiff nso.1, 2, 3(A) and 4 and defendnat nos.1 and 2 and the respective Advocates for the plaintiffs and defendants. The said consent terms are taken on record 3 and marked X for identification. The plaintiff nos.1, 2, 3(A) and defendant nos.1 and 2 are present in Court. They have informed the Court tht they have understood the contents of the consent terms and have signed the consent terms of their own free will and volition and without any force, fraud or coercion involved. 3 In view of the above, the suit is decreed in terms of the consent terms at X. The suit is accordingly disposed of with no order as to costs. 4 The learned Advocate for the plaintiffs requests for return of the original documents tendered. The original documents be returned to the plaintiffs on their producing the true copies of the original documents as also on usual udertaking. 5 The Court Receiver to act on the certified copy of the order. 4 6 Issuance of certified copy expedited. (S.J.KATHAWALLA J.)