1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.1391 of 2005 1. Pankaja Sudhir Shah and another ..Plaintiffs vs. 1. Kalpana Shashi Gopal and others ..Defendants Ms.Purvi Asher i/b Mansukhlal Hiralalo and Co. for plaintiffs. Ms.Vimla D Souza i/b Ms.Nita Madhwani for defendant no.1 Mr.V.C.Ghosalkar for defendant no.2. CORAM: S.J.KATHAWALLA J. 9th June, 2009 P.C. 1. The present suit is filed by the plaintiffs for a declaration that the plaintiffs and defendant nos.1 and 2 are entitled to 25% share each in flat no.4, D-1, Breach Candy Apartments, 70C, Bhulabhai Desai Road, Mumbai 400 026 and in related parking space. The plaintiffs have also sought a declaration that only 1/4th share of 2 defendant no.1 has been mortgaged in favour of defendant nos. 4 and that defendant no.4 is entitled to only 1/4th interest in the suit flat as a mortgagee. The plaintiffs have further sought a decree for partition by metes and bounds of the suit flat more particularly described in Exh.A to the plaint and for an order directing that the plaintiffs and defendant nos.1 and 2 s respective shares be given to them. In the alternative, it is prayed that if the suit flat cannot be partitioned by metes and bounds, the suit flat be sold in pursuance of the directions of this Court and the plaintiffs share therein be paid over to the plaintiffs. 2. The plaintiffs and defendant nos.1 and 2 are sisters and are only heirs of late Dr.Balwant Kher and Mrs.Indumati Balwant Kher being the deceased parents of plaintiffs and defendant nos. 1 and 2. The parties i.e. 3 plaintiffs and defendant nos.1 and 2 have today tendered in Court the consent terms dated 4th June, 2009 signed by plaintiff nos. 1 and 2 and defendant nos.1 and 2 and their respective Advocates. The plaintiffs as well as defendant nos.1 and 2 are present in Court. They have informed the Court that the said consent terms are signed by them of their own free will and volition and there is no force, fraud or coercion involved. The learned Advocates for the parties have sought disposal of the suit in terms of the consent terms dated 4th June, 2009. They have also informed the Court and have recorded in the consent terms that defendant nos.1 and 2 are dropped as party defendants in the suit. The said consent terms are taken on record and marked X for identification. 3. Under the said consent terms the parties have agreed to the modus of distribution of their assets and the assets 4 in the estate of their deceased parents in the manner set out in the consent terms. The parties have in clause 38 of the consent terms also agreed that suit no.2697 of 2006 filed in this Court and the criminal complaint No.18/M of 2007 filed in the Court of Additional Chief Metropolitan Magistrate, 40th Court, Girgaum, Mumbai by defendant no.1 shall be unconditionally withdrawn. The undertakings given by the parties in the consent terms including the undertakings contained in paragraphs 7, 14, 15, 20,21, 24, 32, 36, 39, 41 and 42 are accepted. 4 In view of the aforesaid the suit is disposed of in terms of the consent terms dated 4th June, 2009 at X. Refund of Court fees as per rules. 5 Issuance of certified copy expedited. (S.J.KATHAWALLA J.) 5