1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.3472 of 2008 IN Suit No.2659 of 2004 Smt.Manjulaben Chunilal Oza .. ..Plaintiff v/s. Manohar C. Oza & ors. .. ..Defendants Mr.A. Dasgupta i/by Jahagiani Narula & Asso. for Plff. Mr.Vindu P. Pandey i/by Ashok T. Gade for Applicant. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 13 th March 2009 P.C. : 1. Defendant No.5 has taken out this Notice of Motion, essentially for setting aside the order passed on Consent Terms dated 31.7.2008 which are filed to settle the dispute in the Suit between the Plaintiff and Defendant Nos.1, 2, 3, 6, 8 and 10. The Plaintiff is entitled to partly settle the dispute. The Plaintiff is entitled to settle the dispute with some of the Defendants. The lis between those parties, who settled that dispute, came to an end. The lis between the Plaintiff and the other Defendants remains pending. The Consent Terms need not be set aside. However it shall not be binding upon Defendant No.5 or other Defendants with whom the Plaintiff has not yet settled the dispute. 2 2. The Notice of Motion is disposed of accordingly. (SMT.ROSHAN DALVI, J.)