1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3305 OF 2008 Seema Arif Khan Pathan ...Plaintiff vs. Ashraf Khan Pathan & Anr. ...Defendants Mr.A.S. Khandeparkar i/b. Ms.Shilpa Joshi for the Plaintiff. Mr.Vikas Khanolkar for Defendant No.1. Mr.H.P. Ingle for Defendant No.2. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 16, 2009 P.C. :- 1 The parties have settled the matter. They have filed Consent Terms. Consent Terms are signed by the plaintiff and the defendant nos.1 and 2 and by their respective Advocates. Consent Terms are marked X for the purpose of identification and are taken on record. Undertaking given by the parties in the Consent Terms is accepted. In Clause 14 of the Consent Terms, it is stated as Under :- 2 It is agreed between the parties that the Suit shall be pending for a period of 8 weeks i.e. till the Registration of the Transfer Deed/Release Deed and/or till the compliance of these consent terms. After the compliance of these consent terms the suit shall be decreed in terms of the Consent Terms. 2 Both the parties have agreed that instead of this clause, a direction may be given by this Court that in the event, there is no registration of the Transfer Deed/Release Deed and/or if there is no compliance of the Consent Terms, the parties will be at liberty to make an application for withdrawal of the Consent Terms and if such an application is made, the Court may permit the parties to withdraw the Consent Terms. 3 Hence, it is clarified that instead of clause 14, leave is granted to the parties to withdraw the Consent Terms in the event Consent 3 Terms are not complied and there is no registration of the Transfer Deed/Release Deed within a period of six weeks from today. Decree is passed in terms of Consent Terms. 4 Suit, accordingly, is decreed. Refund of Court fees be paid in accordance with Rules. (V.M. KANADE, J.)