: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.708 OF 1989 Pawankumar S. Saraf .. ..Plaintiff Versus Samrat Builders & ors. .. ..Defendants Ms Mirashi i/b Shah & Sanghavi for plaintiff Mr. Mangesh i/b H.V.Gala & Co. for deft.Nos.1 to 3 Mr.A.Narula i/b J.Narula and Asso. for deft.no.5 CORAM : P.V.KAKADE, J. DATE : 15TH DECEMBER, 2005 P.C.: 1. Heard advocate for the plaintiff as well as advocates for defendant nos.1 to 3 and 5. Advocate for the plaintiff submits that as per draft amendment the defendant no.5 be added. In view of the facts and circumstances the defendant no.5 is added. Amendment to that effect is granted, which is to be carried out within one week. 2. The defendant no.4 is reported dead. The learned counsel for the plaintiffs seeks deletion of defendant no.4. Prayer is granted. Name of defendant no.4 stands deleted from the Plaint. Amendment to that effect be carried out within one week. : 2 : 3. The parties have filed Consent Terms between the Plaintiff and Defendant Nos.1,3 and 5, which are taken on record and marked as "X" for identification. Draw decree in terms of the Consent Terms. Undertaking contained in the Consent Terms are duly accepted. The suit stands disposed of in terms of the Consent Terms with no order as to costs.