1 s220409 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2204 OF 2009 Nikhat Jehan Siraj Khan ...Plaintiff Versus Shaikh Ibrahim Lal Mohammed & Ors. ...Defendants Mr. Seema Gupta i/by Mr. A.M. Saraogi for the Plaintiff Mr. P.N. Kulkarni for Defendants No. 1 and 2. CORAM: S.C. DHARMADHIKARI, J. DATE: 25TH OCTOBER, 2010. P.C.:- In this matter, there was a Notice of Motion, which was placed before me, and after hearing both sides, on 6th September, 2010, I had passed an order directing defendants No. 1 and 2 to deposit Rs.1,20,000/- with interest at 12% per annum from 30th November, 2002 within two months; or in default, the Court Receiver shall stand appointed as the Receiver of the flat with all powers under Order 40, Rule 1, of the Code of Civil Procedure. 2. It is stated that the matter is mentioned, because defendants No. 1 and 2 could not make arrangement for deposit. Instead, they are agreeable to 2 s220409 vacate the suit premises on receiving a sum of Rs.8,00,000/- in the manner set out in the Consent Terms. 3. The Consent Terms are signed by the plaintiff and her advocate, so also by the contesting defendants No. 1 and 2 and their advocate. The contesting defendants No. 1 and 2 are present in Court. On a query from the Court, they state that they have signed below the Consent Terms. They have understood the Consent Terms with all their consequences. They are willing to vacate the suit premises on receipt of the sums within the time stated therein. Further, they are aware that if they do not so vacate, the Court Receiver will take physical possession of the suit premises by evicting them and dispossessing them by use of such force as is necessary. With all these consequences flowing from the Consent Terms, they request that the Consent Terms be taken on record, and an order be made in furtherance thereof. 4. The plaintiff is also present in Court. She states that she is ready and willing to pay the sum of Rs. 8,00,000/-. In fact, a sum of Rs.6,20,000/- has already been handed over in cash, and a Pay Order in the sum of Rs. 1,80,000/- is also handed over to defendant No.2. Both defendants No. 1 and 2 and their advocate confirm receipt of these sums. 5. It is in such circumstances that the Consent Terms are taken on record and marked 'X' for identification. There shall be an order in terms of the Consent Terms. 3 s220409 6. After these Consent Terms were taken on record, Mr. Kulkarni appearing on behalf of defendants No. 1 and 2 stated that defendants No. 1 and 2 are in possession of the suit premises, and none else is occupying them. They have no objection in surrendering and handing over vacant possession thereof after a period of 15 days from today. They shall do so by handing over the keys of the flat to the Court Receiver, High Court, Bombay, or his representative. Further, defendants No.1 and 2 would have no objection if the keys are handed over by the Court Receiver to the plaintiff. The Court Receiver shall do the needful, and thereafter, to stand discharged, but without passing any accounts. However, the usual costs, charges and expenses of the Receiver shall be paid by the parties. On such exercise being completed, the suit to stand disposed of in terms of the Consent Terms. Refund of court-fees as per rules. No order as to costs. 7. A copy of this order duly authenticated shall be forwarded by the Master and Assistant Prothonotary to the Court Receiver, High Court, Bombay, for necessary action. S.C. DHARMADHIKARI, J.