- 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. jmi SUIT NO.322 OF 1982. Girish Construction Company. ..Plaintiffs. vs. Harakchand Mulji & Ors. ..Defendants. .... Mr.K.D. Shah, for Plaintiffs. Mr.M.P. Vora, i/b. M/s. Pramodkumar & Co., for Defendant Nos.3A, 4A to 4D & 5. Mr. Ashok N. Bilakhia, partner of Plaintiffs present. Mr. Sanjay S. Jain, C.A. of Defendant Nos.3A, 4A to 4D & 5, present. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 8TH MAY, 2009 : 8TH MAY, 2009 : 8TH MAY, 2009. P.C.: P.C.: P.C.: . The suit was originally filed by the plaintiffs against the defendant nos. 1 & 2 for an order and decree to specifically perform the agreement dated 19th November 1979 entered into between the plaintiffs and the defendants in respect of the property described in Exhibit-A to the plaint. 2. The defendant nos.1 & 2 contended that they have already sold the suit premises to third parties including the defendant no.5. The heirs of two other third parties who have expired, are joined as defendant nos.3(a), 4(a), 4(b), 4(c) & 4(d). - 2 - 3. The parties have today tendered the consent terms which are signed by the partner of the plaintiff and the constituted attorney of defendant nos.3(a), 4(a), 4(b), 4(c), 4(d) and 5. The original power of attorney dated 5th February 2005 is produced before the Court which after being compared with the photostat copy annexed to the consent terms is returned back to the defendants. The learned Advocate for the defendants as well as defendant nos.3(a), 4(a), 4(b), 4(c) & 4(d) & 5 have also signed the consent terms. Mr. Ashok Bilakhia, partner of the plaintiff is present in Court. The power of attorney holder of the defendants is also present in Court. They have informed the Court that the consent terms are signed by them and there is no force, fraud or coercion involved. The consent terms are taken on record and marked ‘X’ for identification. 4. Under the consent terms, the plaintiffs have agreed to cancellation of the agreement dated 19th November 1979 executed by and between the plaintiffs and the original defendant nos.1 & 2 and the plaintiffs have also confirmed that they have no right, title or interest of whatsoever nature in respect of the property described in Exhibit-A to the plaint. The plaintiffs - 3 - have received a lumpsum amount of Rs.2,50,000/- in full and final settlement of their claim against the defendants. 5. In view of the consent terms marked ‘X’, the plaintiffs seek withdrawal of the suit. The suit is, therefore, dismissed as withdrawn with no order as to costs. 6. The original development agreement dated 19th November 1979 which is taken on record be returned to Mr. K.D. Shah, Advocate for the plaintiffs upon Mr.K.D. Shah, Advocate submitting a true copy of the said agreement dated 19th November 1979, for Court records. 7. Office to act upon an authenticated copy of this order. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]