IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION SUIT SUIT SUIT NO.3535 NO.3535 NO.3535 OF 2000 OF 2000 OF 2000 Konark Konark Konark Builders Pvt.Ltd Builders Pvt.Ltd Builders Pvt.Ltd ...... Plaintiff Plaintiff Plaintiff vs vs vs Ramakant Ramakant Ramakant S.Damohe & ors . S.Damohe & ors . S.Damohe & ors . Defendants Defendants Defendants Mr.M.C.Shah Mr.M.C.Shah Mr.M.C.Shah i/b i/b i/b Mr.Ajay Rao for Plaintiff Mr.Ajay Rao for Plaintiff Mr.Ajay Rao for Plaintiff Mr.C.K.Tripathi Mr.C.K.Tripathi Mr.C.K.Tripathi for Defendant No.1 for Defendant No.1 for Defendant No.1 Mr.Dadhich Mr.Dadhich Mr.Dadhich for for for Defendant No.2 Defendant No.2 Defendant No.2 Mr.N.R.Shah Mr.N.R.Shah Mr.N.R.Shah for for for Defendant Nos. 4 and 5. Defendant Nos. 4 and 5. Defendant Nos. 4 and 5. Mr.Manoj Mr.Manoj Mr.Manoj Mhambray Mhambray Mhambray for Defendant No. 3 for Defendant No. 3 for Defendant No. 3 CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : : : 26th February, 2007 26th February, 2007 26th February, 2007 P.C. P.C. P.C. 1.1.1. By consent, amendments in terms of the draft By consent, amendments in terms of the draft By consent, amendments in terms of the draft tendered tendered tendered to Court are allowed. Plaintiff to carry to Court are allowed. Plaintiff to carry to Court are allowed. Plaintiff to carry out out out the amendments within two weeks. There shall the amendments within two weeks. There shall the amendments within two weeks. There shall be be be order and decree in terms of the consent terms order and decree in terms of the consent terms order and decree in terms of the consent terms signed signed signed by the parties and their advocates. The by the parties and their advocates. The by the parties and their advocates. The advocates advocates advocates identify their respective clients. The identify their respective clients. The identify their respective clients. The undertakings undertakings undertakings in the consent terms are accepted. in the consent terms are accepted. in the consent terms are accepted. Consent Consent Consent terms are taken on record and marked ’X’ terms are taken on record and marked ’X’ terms are taken on record and marked ’X’ for for for identification and draft amendment marked A identification and draft amendment marked A identification and draft amendment marked A. 2.2.2. Suit is disposed of accordingly. Suit is disposed of accordingly. Suit is disposed of accordingly. 3.3.3. Half refund of court fees. Half refund of court fees. Half refund of court fees. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J) 2