1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3462 OF 2009 IN PAUPER PETITION NO.2 OF 2009 IN SUIT NO. OF Nirmaladevi S. Gupta and anr .. Petitioner -versus Santosh Gupta and 3 ors .. Defendants Mr. Yadunath Choudhary a/w Kunal Cheema i/bReen Salunke, for the Petitioners. MR R.M.Soni, with R.S. Yadav for the Defendant No.2. CORAM: ANOOP V. MOHTA, J. DATED: 21st January, 2010 P.C. 1. Plaintiff and Defendant No.2 have arrived at a settlement and accordingly the Consent Terms dated 14th January,2010 signed by the Plaintiff No.1 for herself and on behalf of her minor son plaintiff No.2 Abhimanyu Gupta. It is also signed by defendant No.2. It is also countersigned by respective advocates. 2. Plaintiff No.l and defendant NO.2 are present in the Court, who are contesting parties. By these consent terms; the settlement is between the the Plaintiffs and Defendant No.2; 2 whereby the the Plaintiffs are challenging the documents ie sale deed executed between Defendant Nos l & 2 as the defendant No.l is a trespasser and he is not the owner of the property. I am inclined to accept these consent terms. 3. There is no dispute about the identification, signature and authorization. The statement is also made that it is well within the framework of law and record. Considering the consent terms and the Undertaking filed on record, permission is granted to plaintiff No.l to sign the present consent terms and undertaking as it is also in the interest of minor. The consent terms marked as 'X and the Undertaking is marked as 'I' dated 21 st January,2010 are taken on record. 4. Pauper petition No.2 of 2009 is filed by the Petitioners. In view of these consent terms, an undertaking is filed by Petitioner No.l, to pay the requisite Court fee within two weeks as recorded in the undertaking dated 21st January, 2009 . 5. The Pauper petition will be disposed of subject to payment within two weeks. 6. The Notice of Motion, Pauper Petition and the suit to Stand over to 4.2.2010. ( ANOOP V. MOHTA, J.)