: 1 : SD 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.515 OF 2009 NO.515 OF 2009 NO.515 OF 2009 ALONGWITH ALONGWITH ALONGWITH CHAMBER CHAMBER CHAMBER SUMMONS NO.803 OF 2009 SUMMONS NO.803 OF 2009 SUMMONS NO.803 OF 2009 IN IN IN SUIT SUIT SUIT NO.515 OF 2009 NO.515 OF 2009 NO.515 OF 2009 Pramod P. Shah ...Plaintiff V/s. Mahendra V. Gandhi & Ors. ...Defendants Ms.Mehek Bookwala a/w. Mr.Satyen Vora i/b. Markand Gandhi & Co. for the Plaintiff. Defendant Nos.1 to 5 and 8 present in person. Ms.Dilshad S. Buhra for Defendant No.6. Mr.Ishwariprasad Bagaria for Defendant No.7. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 4TH APRIL, 2009. : 4TH APRIL, 2009. : 4TH APRIL, 2009. P.C.: P.C.: P.C.: 1. Parties are present before the Court. Their respective Advocates are also present before the Court. Shri Bagaria for Defendant No.7 identifies the Defendant Nos.1 to 5 and 8 who are present in person before the Court. The consent terms duly signed by the parties and their respective Advocates are taken on record and marked as "Exhibit-X". The undertakings given by the parties to the suit in clause Nos.5, 7 and 15 are accepted. : 2 : 2. In view of the above, decree passed in Suit No.1265 of 2008 stands set aside. These consent terms shall be registered with the Sub-Registrar of Assurance to effect cancellation of mortgage deed at "Exhibit-L" to the plaint. 3. The Suit stands decreed in terms of the consent terms. 4. In view of the above, Notice of Motion No.803 of 2009 pending in Suit No.515 of 2009 does not survive and the same stands disposed of accordingly. 5. Office to refund the court fee to the Plaintiff as per the rules. Defendant No.6 shall be entitled to refund of stamp duty, if permissible, by law. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]