- 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.381 OF 1990 Rajendra Dwarkadas Agarwal & Anr. ..Plaintiffs. vs. Omprakash Dwarkadas Agarwal. ..Defendant. WITH SUIT NO.87 OF 1987. Omprakash Dwarkadas Agarwal. ..Plaintiff. vs. Smt.Katoribai Dwarkadas Agarwal & Ors. ..Defendants. .... Mr.Susheel Purohit, i/b. T.A.Purohit, for the Plaintiffs, in Suit No.381 of 1990 & for Defendants in Suit No.87 of 1987. Mr.R.S.Tripathi, for Defendant, in Suit No.381 of 1990 & for the Plaintiff in Suit No.87 of 1987. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 9TH FEBRUARY,2009 : 9TH FEBRUARY,2009 : 9TH FEBRUARY,2009. P.C.: P.C.: P.C.: . The above 2 suits are cross suits between the two brothers, pertaining to the deed of settlement and the deed of dissolution both dated 23rd October 1986 (the said deeds). Suit no.87/1987 is filed for cancellation of the said deeds and Suit no.381 of 1990 is filed for a declaration that the said deeds are valid, subsisting and binding upon the defendant. 2. Both the suits are now settled between the parties, who have tendered consent terms dated 9th - 2 - February 2009 in Court which are taken on record and marked ‘X’ for identification. Under clause 2 of the said consent terms, the parties have agreed and confirmed that the plaintiff no.1 in suit no.381 of 1990 is in lawful & physical possession of the properties mentioned in clauses (a) to (j) of the said paragraph 2. Under clause 3 of the said consent terms, parties have agreed and confirmed that the defendant is in lawful and actual physical possession of the properties/ premises set out in clauses (a) to (d) to the said paragraph 3. Parties have agreed under clause 8 of the consent terms that the defendant will withdraw suit no.87 of 1987. 3. The consent terms are signed by the parties as well as their Advocates. The parties i.e. Rajendra Dwarkadas Agarwal, plaintiff no.1 and Omprakash Dwarkadas Agarwal, the defendant are present in Court. They have informed the Court that these terms are signed by them. They state that the terms have been interpreted in Hindi to the defendant by the office of the Interpreter and they both have understood its contents. They state that they have filed the terms of their own free will and volition and that there is no force, fraud or collusion. 4. In view of the above, suit no.381 of 1990 is - 3 - disposed of in terms of consent terms marked ‘X’ for identification and suit no.87 of 1987 is allowed to be withdrawn. Parties to get refund of Court fees in their respective suits as per rules. 5. Both the suits accordingly stand disposed of with no order as to costs. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]