: 1 : s-687-85.C.T.=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 687 OF 1985 Dr. Mrs. Mrunalinidevi Puar .. Plaintiff v/s. Smt. Rajniben Khatau & Ors. .. Defendants ......... Mr. P.R. Diwan i/b Kanga & Co. for the plaintiff Mr. S. V. Mehta i/b Malvi Ranchoddas Co. for defendant nos. 1 and 2 Mrs. Anita R. Chauhan i/b Arvind Rathod & Co. for defendant no.3 Mrs. Ferzana Behramkamdin i/b FZB & Associates for defendant nos. 4 to 7. Mr. Y.R. Shah for defendant nos. 8 and 9 Mr. G.G. Ketkar, 1st Asstt. to Court Receiver ......... CORAM : R.Y.GANOO, J. DATE : 27th APRIL, 2011 P.C. : 1. In the morning amendment was allowed to be carried out on the basis of draft amendment. Learned Counsel for the plaintiff states that the amendment has been carried out. Consent terms dated today i.e. 27th April, 2011 duly signed by the plaintiff, her advocate, defendant nos.1, 2, constituted attorney of defendant nos.4, 5, 6 and 7, defendant no.8, constituted attorney of defendant no.9 and their respective advocates are tendered in the Court. Learned Counsel on both sides : 2 : s-687-85.C.T.=.sxw pray for decree in terms of consent terms. Learned Counsel on both sides state that the persons who have signed the consent terms have done so in their respective presence. Consent terms as above are taken on record and marked “X” for identification. The two executrixes namely clause 5 of the consent terms are permitted to resign as executrixes respectively. In clause 11 of the consent terms, there is direction given to the Court Receiver that he shall handover all other properties of whatever nature and kindsoever and wheresoever situate to administrator jointly within a period of 3 weeks from the date of receipt of the letter referred to in clause 11. The reference to the properties to be delivered to the administrator is applicable to such of the properties of which the Court Receiver has taken possession on account of appointment as a Court Receiver. This is being stated because list of properties to be handed over by the Court Receiver to the Administrator is not specifically mentioned in the consent terms. 2. Learned Counsel on both sides pray for decree in terms of the consent terms. Consent terms as above are taken on record. There shall be a decree in terms of the consent terms. Undertakings given by the respective parties and which are set out in the consent terms are accepted. : 3 : s-687-85.C.T.=.sxw 3. Chamber Summons No.842 of 1989 does not survive in view of the aforesaid order and is disposed of accordingly with no order as to costs. Refund of Court fees granted as per Rules. (R.Y.GANOO, J.)