:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 1792 OF 2008 SUMMONS NO. 1792 OF 2008 SUMMONS NO. 1792 OF 2008 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION (L) NO. 456 OF 2008 APPLICATION (L) NO. 456 OF 2008 APPLICATION (L) NO. 456 OF 2008 IN IN IN SUIT SUIT SUIT NO. 2659 OF NO. 2659 OF NO. 2659 OF 2004 2004 2004 Smt. Manjulaben Chunilal Oza. ... Plaintiff. V/s. Manohar Chunilal Oza & Ors. ... Defendants. Mr. B. Trilokani i/b. J. Narula & Assoc. for the Plaintiff. Mr. K.R. Parekh for Defendants 1 to 3 and 10. Mr. S.K. Jain for Defendant Nos 6 & 8. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 02ND 02ND 02ND APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . Parties have tendered Consent Terms and have stated that the decretal sum is Rs.1,20,00,000/- but the decree would be marked satisfied in the lesser sum stipulated in the Consent Terms, provided, this sum is paid in the manner set out in the Terms. The consequences in default are also provided including appointment of a Receiver in respect of a Flat and thereafter, he shall have power to sell the same and from the sale proceeds satisfy the decree to the extent indicated in the Terms. 2. The Plaintiff - Decree Holder and all Defendants are present in Court. Each one of them have been :2: explained and interpreted the Consent Terms. Although, all of them cannot read and write English, having understood the Terms, they have placed their signature. They state that there is no force or pressure of any kind and they have agreed willingly to have the decree satisfied. 3. In the light of the Terms which are signed by both Advocates and parties and they having understood the consequences and implications, Consent Terms dated 31st March 2009 are taken on record and marked ‘X’ for identification. Order in terms of the Consent Terms. The Chamber Summons and Execution Application are disposed off accordingly. No order as to costs. 4. It is agreed that till the Receiver takes possession, Defendant No.2 shall not transfer or create Third Party rights nor part with possession of Flat No.101, more particularly described in Exhibit ‘B’ to the plaint. It is stated that Defendant No.2 is in possession of the same and has undertaken to hand over the said Flat to the Court Receiver, in case, default is committed. Undertaking is accepted. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)