1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.60 OF 1982. Abdul Gani Haji Usman. ..Plaintiff. vs. The New Pushpa Vihar Co-operative Hsg. Soc. Ltd. ..Defendant. .... Mr. Arshad Haindaday, for Plaintiff. Mr. V.J. Shah, a/w. Mr. Mukund Madekar, i/b. Madekar & Co., for Defendant. .... CORAM : S.J.KATHAWALLA, J. DATE : 9TH JUNE 2009. P.C. This suit is filed by the plaintiff for declaration that the said Indenture of sub-lease dated 12 th October 1966 (Exhibit-B to the plaint) was validly and lawfully terminated by the plaintiff and that the defendant and its members are tress-passers in respect of the said property (Exhibit -A to the Plaint) with effect from the date of determination of the said sub-lease. The plaintiff has also sought an order and decree against the defendant to hand over to the plaintiff vacant and peaceful possession of the said property (Exhibit-A to the 2 plaint) with all accretions. 2. Today, the parties have tendered consent terms dated 9 th June 2009. The said consent terms are signed by the plaintiff, the Honorary Secretary of the defendant-Society and the Chairman of the defendant-society who are present in Court and have informed the Court that the consent terms are signed by them of their own free will and volition and there is no force, fraud or collusion involved. The consent terms dated 9 th June 2009 are also signed by the Advocates for the plaintiff as well as the defendant-society. The learned Advocates for the parties are seeking disposal of the suit in terms of the consent terms. The consent terms are taken on record and marked ‘X’ for identification. 3. In view thereof, the suit is disposed of in terms of the consent terms dated 9 th June 2009, marked ‘X’. The undertaking given by the parties in paragraph 15 is accepted. 4. The original documents filed by the plaintiff be returned to the Advocate for the plaintiff upon the plaintiff providing with a 3 notarised set of the said papers to the Court and upon the plaintiff’s written undertaking to bring back the original documents to the Court, if called for in future. [ S.J.KATHAWALLA, J. ]