1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 3655 of 2007 Bhagyalaxmi Builders & Developers .. Plaintiff versus Prabhakar Kunte CHS Ltd. & ors. .. Defendants ... Mr.Akhilesh Dubey i/b Mr.Tripathi & Yogesh Dandekar & Co. for the plaintiffs. Mr.P.K. Samdhan i/b Pattrick Fernandes and Amita Hajarnis for defendant no.1. Mr.Atul Rajadhakshya with Ms.R.V. Thakkar for defendant no.68. CORAM : D.G.KARNIK, J DATED : 30th April 2008 P.C.: 1. Learned counsel for the plaintiff states that the plaintiffs do not wish to proceed with the suit against defendant nos.2 to 67. Suit against defendant nos.2 to 67 is dismissed for non 2 prosecution. 2. Counsel for the plaintiff and defendant nos.1 and 68 hand in consent terms. Consent terms are signed by one of the two partners of the plaintiff and also bear the thumb impression of the second partner of plaintiff. Counsel for the plaintiff states that the second partner is paralytic and is therefore unable to sign and is therefore his thumb impression has been obtained before a notary public who has notarised it. Mr. Sudeep Kumar Ravi Kumar son of second partner is personally present and states that his father has put his thumb impression before him and he has attested the same. The first partner of the plaintiff and son of second partner are personally present in the court and they are identified by their advocate and they admit the consent terms. 3. Consent terms are signed by the Chairman and Secretary of the defendant no.1 society. The Chairman and Secretary are personally present in the Court and are identified by their advocate. They state that they are authorised to sign the consent terms on behalf of the society and have signed accordingly. They admit the contents. 3 4. The consent terms are also signed by one of the partners of defendant no.68. He is personally present and is identified by its advocate. He tenders the power of attorney given to him by all the partners of defendant no.68 firm. Power of Attorney is taken on record and marked "X" for identification. He admits his signature and the contents. 5. Consent terms are also signed by advocate for the plaintiff, advocate for defendant no.1 and advocate for defendant no.68. Consent terms are taken on record and marked "Y" for identification. There shall be order in terms of the consent terms. Undertakings contained in the consent terms are recorded and accepted. 6. Issue court fee refund as per rules. (D.G. KARNIK, J)