MP 1 WP8678_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8678 OF 2010 Jagdish J. Nathwani and others ... Petitioners Versus State of Maharashtra and others ... Respondents Mr. Vaibhav Joglekar i/b. Mr. S. S. Kanetkar for Petitioners. Mr. S. D. Rayrikar, AGP for Respondent Nos. 1 to 4. Mr. Vijay Patil for Respondent No. 5. Mr. A. P. Kulkarni for Respondent Nos. 21A(1) to 21A(3) Mrs. Shakuntala Wadekar for Respondent Nos. 8 to 11. Mr. Ashok Tajane for Respondent Nos. 27A, 27E, 27F and 27G. Mr. S. A. Sawant i/b. Mr. Ketan Joshi for Respondent Nos. 34 and 35. Ms. Lagh for Respondent No. 23. CORAM : B.R. GAVAI, J. TUESDAY, MAY 03, 2011 P. C. : The contention of the petitioner is that the petitioner has settled the matter with many defendants, and if the consent terms incorporating the settlement are accepted by the learned Trial Court, it will end the dispute to a substantial extent. It is submitted that the learned Trial Court has refused to entertain the application for passing partial decree in terms of consent terms on two grounds that – (i) there was a status-quo operating in A.O. No. 670 of 2009; and (ii) the shares are not identified by the Pimpri-Chinchwad New Town Development Authority (PCNTDA). 2. Mr. Joglekar, the learned Counsel appearing on behalf of petitioners submits that in accordance with the determination of shares by PCNTDA, the petitioners have prepared fresh consent terms. MP 2 WP8678_10 3. In that view of the matter, the petition is disposed of with liberty to the petitioners to apply to the learned Trial Court for taking consent terms on record and passing partial decree in accordance thereof. It is further directed that if such an application is filed by the petitioners, the learned Trial Court shall consider the said application after considering the rival submissions made by the parties, in accordance with law. 4. Since in the order passed in A.O. No. 670 of 2009, this Court has directed the application below exhibit-5 to be decided within a period of six weeks, it is further directed that if an application for taking consent terms on record, is filed by the petitioners, within a period of two weeks from today, the same shall also be decided within a period of six weeks from today. (B.R. GAVAI, J)