:1: 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 3170 OF NO. 3170 OF NO. 3170 OF 1997 1997 1997 Mrs. Kavita Pavan Kaul. ... Plaintiff. V/s. M/s. Jangid Builders Pvt. Ltd. ... Defendants. Mr. Anil Yadav i/b. Anil C. Singh for the Plaintiff. Mr. Vinod R. Thaker for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 02ND 02ND 02ND MARCH 2009. MARCH 2009. MARCH 2009. P.C. P.C. P.C. : : : . The Suit for Specific Performance filed by the Plaintiff is compromised by parties and the terms are tendered in Court. 2. The Defendants confirm that they have agreed to sell to the Plaintiff two flats with parking spaces and had received certain sums. The balance amounts are stated to be payable. The balance is indicated in clause 1 of the terms. Parties agree that the balance sum has been paid by cheque drawn in favour of the Defendants. It is also agreed between parties that the amount deposited by the Plaintiffs in Court will be permitted to be withdrawn by the Prothonotary and Senior Master on production of a copy of this order. The receipt evidencing payment so also the cheque of the balance amount are handed over to each other by parties in Court. Both sides have agreed :2: that the Court Receiver can hand over possession of the flat and parking spaces to the Plaintiff on realization of the cheque. The Court Receiver then to hand over possession to the Plaintiff and shall stand discharged without passing account but upon payment of usual charges, costs and expenses. The repair charges are paid by the Defendants. The temporary accommodation shall also be handed over after the Plaintiff receives possession of two flats. Other formalities are also completed by parties. 3. The terms are signed by the Director of the Defendants and the Plaintiffs. They are present in Court. They have fully understood the terms and after the implications thereof fully explained to them, they put their signature and have instructed their Advocates to tender them in the Court. The terms are taken on record and marked ‘X’ for identification. 4. Order in terms of the Memorandum of Settlement. The Suit disposed off. Refund of Court fees as per Rules. All concerned to act on authenticated copy of this order. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)