((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1807 OF 2008 IN SUIT NO.1520 OF 2008 Istiyaq Ahmed Mohammed Hanif Plaintiff versus Girijabai wd/o Shiva Bansode and others Defendants Dipak Deshmukh i/by K.P.Tiwari and Co. for plaintiff. R.V.Bansode for defendants 1 to 4. Dinkar Patil for defendant no.5. Vikas Kolekar i/by Vikas Mali for defendant no.6. CORAM : A.S.OKA, J. DATE : 19th December 2008 PC : 1. Learned counsel appearing for the plaintiff states that the notice has been duly served to the advocates representing the first to fourth and fifth defendants. The consent terms between the plaintiff and the sixth defendant have been already taken on record on 11th December 2008. The order dated 11th December 2008 records that sixth defendant was personally present in the Court on that day and she admitted the contents of the consent terms. ((-2-)) 2. The learned counsel appearing for the defendants 1 to 4 raises an objection to the consent terms. He states that the sixth defendant cannot claim any right, title and interest. 3. The first to fifth defendants are not parties to the consent terms and therefore, even if a decree is passed between the plaintiff and the sixth defendant on the basis of the consent terms, the same will not bind the first to firth defendants. 4. Hence, there will be a decree between the plaintiff and sixth defendant in terms of the consent terms. (A.S.OKA, J.)