1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMARY SUIT NO.1037 OF 2009 Manoj Ramesh Bhambhani .. Plaintiff Versus Neelma Kishinchand Asnani & Anr. .. Defendants Mr.N.N.Vaishnawa i/b. N.N.Vaishnawa & Co. for plaintiff Mr.Arshad Haindaday with Nipa Shah for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 25th August 2009. P.C.: 1] In a suit which is filed under Order XXXVII of the Code of Civil Procedure to recover the monies under written contract, now, instead of present claim for refund of the amount under an Agreement for sale of an immovable property, parties have agreed and confirmed the agreement itself. Each one of them agrees to abide by the terms and conditions of the agreement for sale and transfer and convey the immovable property thereunder in favour of the plaintiffs. The terms recording transfer/ sale are placed on record. Both sides agree that the dispute is fully resolved in the light of these terms. Each one of them confirms the statement and 2 undertakings in the terms and states that the same are recorded willingly and without any pressure or force. Having satisfied myself that the suit claim so also all other disputes between the parties have been fully resolved and settled, there is no impediment in taking the terms arrived at on record and passing the order in terms thereof. 2] Consent terms duly signed by parties and their respective Advocates are taken on record. There will be an order in terms of consent terms. Undertakings in clauses 2 and 5 of the terms are accepted. Suit is disposed of accordingly. Refund of court fees as per rules. No costs. Summons for Judgement and other interlocutory applications stand disposed of in the light of disposal of the suit and all interlocutory orders made therein also vacated. (S.C.DHARMADHIKARI, J)