: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1720 OF 2009 Malati S. Thakur .. Plaintiff V/s. Vrinda D. Walawalkar & Ors. .. Defendants ..... Mr. Apollo Moghe for the plaintiff Mr. P.W. Joglekar i/by Ditendra Mishra for defendant No. 1. Mr. P.P. Prabhu for defendant No.2. ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 29th SEPTEMBER, 2009. P.C. : 1. In the suit which is filed by the plaintiff for a declaration that she is sole owner of the suit property and alternatively for a declaration that she is entitled to 1/3rd share in the suit property, all parties are agreeable that the Suit be disposed off in the following terms. 2. Plaintiff and defendant Nos.1 and 2 are agreeable that each one of them has a share in the estate of the : 2 : deceased Suresh Govind Thakur who expired on 18th November, 1980 as evidenced by the Death Certificate Exh.A to the plaint. 3. The estate consists of a flat being Flat No.17, more particularly described in para 4 of the suit and Exh. "B" to the plaint. 4. Both sides are agreeable that since the plaintiff is getting old and the flat is situated on the 3rd floor, it is not possible for her to reside therein. Therefore, this flat be sold by consent and from the sale proceeds of the same, a sum equivalent to 1/3rd share of the plaintiff will be handed over to her so also to her daughter. 5. Both sides are agreeable that the flat will be sold to the purchaser who puts his / her bid with the Court Receiver, High Court Bombay. The Court Receiver, High Court Bombay shall be appointed as a Receiver in Execution and only for the purpose of selling the subject flat. He shall give opportunity to the parties also to forward bids of interested persons, received by them, so also the Receiver will issue a Public Notice in two leading News Papers inviting bids for sale of the subject flat. After the bids are received, he shall : 3 : place them before the Court and seek appropriate directions. It is agreed that in case the Receiver does not receive any bids in pursuance of the Public Notice, it would be open for him to seek appropriate direction to dispose off the said flat by private treaty in favour of the bidders / purchasers whose bids are forwarded by both sides to the Receiver. 6. All parties are agreeable that the Court Receiver can take physical possession of the suit flat and the keys of the same would be duly handed over to him. The Receiver can permit inspection of the flat by the interested parties as well. 7. Both sides i.e. plaintiff and defendant No.1 to 2 state that they would have no objection in Court Receiver taking possession of the original Share Certificate and related documents so also move the Co- operative Housing Society, in case of any difficulty. The suit is decreed in the aforesaid terms. Agreement is reached willingly and without any pressure or force on parties. The 1st defendant is present in the Court so also the 2nd defendant. The plaintiff is stated to be aged and, therefore, unable to attend the Court but has instructed her advocate to make the above recorded statements. She states that she would vacate the flat : 4 : and take away all her belongings and thereafter reside either with the defendant Nos.1 and 2 or make her own arrangement. At her request, 2 weeks time is granted to plaintiff to vacate the Suit flat and to handover the Share Certificate so also the keys to the Court Receiver, High court, Bombay. The plaintiff shall be entitled to refund of Court fees, if paid, as per rules. No order as to costs. The Notice of Motion does not survive in the light of the disposal of the suit. Liberty is granted to the parties to apply. (S.C. DHARMADHIKARI, J.)