: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2887 OF 2009 IN SUIT NO. 2032 OF 2009 Pradeep Nayak & Anr. .. Plaintiffs V/s. Nahar Enterprises .. Defendants ..... Mr. Virag Tulzapurkar, Senior Counsel i/by Dholakia Law Associate for the plaintiffs Mr. Ankit Lohia i/by M.L. Chaturvedi for the defendants ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 31st AUGUST, 2009. P.C. : 1. It is stated by both sides that the claim in the suit is settled and after discussions and negotiations, the terms have been drawn by parties. They are duly signed on behalf of the plaintiffs by both plaintiff Nos.1 and 2 and their advocates so also on behalf of the defendants by their partners. 2. It is stated that the partner of the defendants is duly authorized to put the signature on the terms and all partners have accepted the agreement and arrangement recorded. : 2 : 3. Since the claim in the suit arose out of relief of specific performance of an Agreement of Sale of immovable property, it is agreed now that the agreement would be duly full-filed and the defendants would accept the sums which are stated in clause (b) of the terms. These sums would be duly paid by the plaintiffs. 4. The defendants have agreed that they would give No Objection Certificate to M/s. H.D.F.C. Bank so that the Bank releases the amount in favour of the defendants and further they have agreed and undertaken that they would handover vacant and peaceful possession of the flat so also the possession letter. 5. In the light of the agreements and mutual undertakings recorded in clauses 2 to 5 which are accepted, it is agreed that the suit be decreed in terms of the afore mentioned and referred clauses and the consent terms as a whole. 6. Since the consent terms are arrived at after mutual discussions and negotiations and parties have fully understood the implications therein so also consequences flowing from undertaking being accepted, there is no impediment in passing an order in terms of the consent terms. Consent terms are taken on record and marked as "X" : 3 : for identification. Order in terms of the consent terms. Suit decreed accordingly. Refund of Court fees as per rules. No orders as to costs. Notice of motion does not survive in view of the order in terms of the consent terms. (S.C. DHARMADHIKARI, J.)