1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3744 OF 2007 IN SUIT NO.1223 OF 1976 Manekji Kanji. ..Plaintiffs. V/s. Hirji Virji & Ors. ..Defendants. And Mukesh M. Lodaya & Ors. ..Applicants. Mr.Vilas Mahli for plaintiffs. Ms.Suneeta Khamkar for Defendant Nos. 3(a) to 3(c). Mr.U.L.Shah for applicants in NMS 3744/07. CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J CORAM: D.B.BHOSALE, J DATE : MAY 6, 2008. DATE : MAY 6, 2008. DATE : MAY 6, 2008. P.C. : P.C. : P.C. : 1. This Notice of Motion is taken out by the heirs of original defendant No.2. The Suit was decreed on 20.3.2007 in terms of the consent terms filed by the Plaintiff and defendant Nos. 3(a) to 3(c) and defendant No.4 and it was dismissed as abated against defendant Nos. 1 and 2. This Notice of Motion is taken out by the heirs of defendant No.2 for setting aside the Consent Decree dated 20th March, 2007. The Plaintiff, defendant Nos.3(a) to 3(c), defendant No. 4 and the heirs of the original 2 defendant No.2, i.e. the applicants, have settled the dispute and filed consent terms duly signed by them and their advocates on record. The Consent Terms dated 6th May, 2008 are accordingly, taken on record and marked "X" for identification. Learned counsel for the parties state that the parties have already acted upon the decree dated 20.3.2007 as well as this consent terms. 2. In view thereof the instant Notice of Motion is disposed of in terms of the Consent Terms. In view of this order, the Court Receiver shall stand discharged subject to payment of costs, charges, expenses so also royalty, if any, within a period of four weeks as provided for in paragraphs-13 and 14 of the Consent Terms. (D.B.BHOSALE,J) (D.B.BHOSALE,J) (D.B.BHOSALE,J)