1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No. 1552 of 2008 with Notice of Motion No.1804 of 2008. Nirmala Anant Kardele and another ..Plaintiffs vs. 1. Santosh Keshavrao Shejwal and others ..Defendants Mr.D.G.Rangras for plaintiffs Mr.N.V.Gangal with Ms.D.M.Shende for defendant no.1 Mrs. Uma Wagle for defendant nos.3 and 4 Mrs.Nirmala R.Makhamale plaintiff no.1 present. Defendant no.1,3 and 4 present. Mr.Suryakant Kalgutkar,Secretary of Defendant no.2 present. CORAM: S.J.KATHAWALLA J. 25th June, 2009 P.C. 1 The suit is filed by the plaintiffs against the defendants, inter alia, for an order and decree to specifically perform the agreement dated 20th June, 2007 (Exhibit B to the plaint) and to do all such things and deeds which are necessary for that purpose 2 including putting the plaintifrfs in quiet, vacant and peaceful possession of flat no.12 on 3rd floor admeasuring about 71.26 sq. meters (carpet area) in Siddhi Vinayak Cooperative Housing Society Ltd. situated at Bhai Jivanji Lane, Thakurdwar, Mumbai 400 002 (the said flat). Admittedly the agreement is a registered document and the entire consideration mentioned in the said agreement was paid by the plaintiffs to the defendants. According to the plaintiffs, despite aforesaid the defendants failed and neglected to give possession of the said flat to the plaintiffs. 2 The parties had several meetings to reach an amicable settlement in the matter. In the mean time defendant nos.3 and 4 who are the son and daughter in law of defendant no.1 had certain apprehensions qua loosing of the roof over their head. The parties also had certain apprehensions about the payment 3 of transfer charges to the said Siddhi Vinayak Cooperative Housing Society Ltd. In view thereof, the said society was joined as defendant no.2 to the suit and defendant nos. 3 and 4 were also joined as party defendants to the suit. 3 The parties have today tendered the consent terms dated 25th June, 2009 which are signed by the plaintiffs, defendant nos. 1 to 4 and the learned Advocates for defendant nos.1, 3 and 4. The said consent terms are taken on record and marked X for identification. 4 Under the said consent terms, it is provided that the plaintiffs shall pay an additional amount of Rs.7,50,000/- to defendant no.3 on behalf of defendant no.1 on or before 30th June, 2009 and that defendant nos.1, 3 and 4 have undertaken to hand over possession of the said flat to the plaintiffs on or before 30th September, 2009. 4 5 It is also undertaken by defendant nos.1, 3 and 4 that if they fail to hand over quiet, vacant and peaceful possession of the suit flat to the plaintiffs on or before 30th September, 2009, for any reason whatsoever, the Court Receiver, High Court, Bombay shall be appointed as the Receiver of the said flat who shall take possession of the said flat from defendant nos.1, 3 and 4, if necessary with police help and hand over the same to the plaintiffs. 6 Defendant nos.1, 3 and 4 have inter se also entered into an agreement dated 24th June, 2009, a copy of which has been annexed to the consent terms marked X . However, the parties have agreed before this Court that the plaintiffs are not concerned with the agreement entered into by and between defendant no. 1 on one hand and defendant nos.3 and 4 on the other and the plaintiff will unconditionally be entitled to 5 possession of the said flat latest by 30th September, 2009. 7 Defendant no.1 has also agreed and undertaken that he will make payment to the society towards the outgoings/arrears of maintenance and shall pay electricity and other charges to the concerned authorities in respect of the said flat on or before 30th June, 2009. 8 The defendant no.2 i.e the society has agreed and undertaken to this Court that it shall not charge more than Rs.25,000/- towards transfer fees for transfer of shares from the name of defendant no.1 to the name of the plaintiffs and that the plaintiff and defendant no.1 shall bear and pay the transfer fees in equal shares. 9 The plaintiffs and defendants are present in Court. Defendant no.2 is present through its Secretary Shri S.D.Kargutkar. They have informed the Court that they have 6 signed the consent terms of their own free will and volition and there is no force, fraud or coercion involved. The plaintiffs have also informed the Court that the said consent terms have been interpreted and explained to them in Marathi by their Advocate and that they have signed the same of their own free will and volition after understanding its contents. 10 In view thereof the suit stands disposed of in terms of the consent terms at X. However, there will be no order as to costs. 11 In view thereof the notice of motion no.1804 of 2008 also stands disposed of. (S.J.KATHAWALLA J.)