1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1366 OF 2003 NOTICE OF MOTION NO.1366 OF 2003 NOTICE OF MOTION NO.1366 OF 2003 IN IN IN SUMMARY SUIT NO.1329 OF 2003 SUMMARY SUIT NO.1329 OF 2003 SUMMARY SUIT NO.1329 OF 2003 Mukunda T. Rajalingam & Anr. ...Plaintiffs Vs. Subhash Veljibhai Chawda ...Defendant ----- Mr.P.C. Mankad i/b. Mr.P.D. Kadam for Plaintiffs Mr.P.M.Shah for Defendant CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. DATED: 8TH JULY, 2005 DATED: 8TH JULY, 2005 DATED: 8TH JULY, 2005 P.C. P.C. P.C. 1. The parties agree that the Defendants provide 1. The parties agree that the Defendants provide 1. The parties agree that the Defendants provide the Plaintiffs one flat No.A-2 on the ground floor of the Plaintiffs one flat No.A-2 on the ground floor of the Plaintiffs one flat No.A-2 on the ground floor of the building, Sahakar Co-operative Housing Society. the building, Sahakar Co-operative Housing Society. the building, Sahakar Co-operative Housing Society. Since the said flat admeasures 10 Sq. Mtrs. less Since the said flat admeasures 10 Sq. Mtrs. less Since the said flat admeasures 10 Sq. Mtrs. less then what was agreed upon between the parties, the then what was agreed upon between the parties, the then what was agreed upon between the parties, the parties further agree that the Defendant shall pay the parties further agree that the Defendant shall pay the parties further agree that the Defendant shall pay the Plaintiffs Rs.246000/- as per market value. in Plaintiffs Rs.246000/- as per market value. in Plaintiffs Rs.246000/- as per market value. in respect of the suit premises. respect of the suit premises. respect of the suit premises. 2. The parties agree that the entire transaction 2. The parties agree that the entire transaction 2. The parties agree that the entire transaction along with the requisite payment of consideration along with the requisite payment of consideration along with the requisite payment of consideration shall be completed within 8 weeks from today. shall be completed within 8 weeks from today. shall be completed within 8 weeks from today. 3. The parties further agree that the 3. The parties further agree that the 3. The parties further agree that the construction of the flat shall be as per the plan. construction of the flat shall be as per the plan. construction of the flat shall be as per the plan. 2 4. Notice of Motion as well as the suit are 4. Notice of Motion as well as the suit are 4. Notice of Motion as well as the suit are disposed of accordingly. disposed of accordingly. disposed of accordingly. 5. 2/3rd refund of costs. 5. 2/3rd refund of costs. 5. 2/3rd refund of costs. (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)