1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.626 OF 2003 IN CHAMBER SUMMONS NO.531 OF 2002 IN SUIT NO.2084 OF 2001 Nitin Gordhanbhai Thakker & ors ..Appellants V/s. Yogesh Bhalchandra Joshi ..Respondent No.1 V/s. The Court Receiver ..Respondent No.2 Miss P.L.Bachani i/b.Mr.I.R.Joshi & Co, Advocate, for the appellants Mr.Pradeep Sancheti i/b.Mehta & Co., Advocate, for the respondent No.1 Mr.Yogesh B. Joshi, plaintiff No.1(a) present CORAM : P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE : 8TH MAY, 2009 P.C. . The appellants are the original plaintiffs in Suit No.2084 of 2001. The aforesaid suit has been filed against the respondent No.1 directing him to vacate and deliver the 2 peaceful possession of the suit premises. In the aforesaid suit, the appellants took out Notice of Motion for appointment of Receiver and other reliefs. The learned Single Judge passed an order appointing Receiver and directing him to take symbolic possession of the premises and the respondent No.1 was appointed as Court Receiver. The Receiver has fixed the Royalty. The quantum of the Royalty fixed by the Receiver is the subject matter of the appeal. During the pendency of the suit the original respondent – Bhalchandra Hiralal Joshi died (original defendant in the suit) and his heirs are already brought on record. It is pointed out before us that the appellants and the respondents have already settled their dispute. On behalf of the appellants original plaintiff No.1(a) is present before us and he admits the Consent Terms. It is submitted that plaintiff No.1 (a) has been authorized by the Trust to act on behalf of the Trust and a Resolution to that effect is placed on record. The respondent No.1 Yogesh Bhalchandra Joshi is present in Court and he also admits the Consent Terms. It is submitted that the 3 respondent is having Power of Attorney on behalf of other respondents (Other heirs of deceased Bhalchandra Hiralal Joshi) and that as per the Power of Attorney he is authorized to settle the dispute. The said Power of Attorney is also produced on record. The Consent Terms are placed on record of this Appeal. The same are taken on record and marked as “X” for identification. Parties to act as per the Consent Terms. In view of the Consent Terms, Suit No.2084 of 2001 is disposed of and decreed in terms of the Consent Terms. Decree is accordingly passed in the suit. The Appeal No.626 of 2003, Chamber Summons No.531 of 2002 and Suit No.2084 of 2001 are accordingly disposed of as per the Consent Terms. Decree to be drawn up accordingly. Refund of Court fees as per rules. Refund Voucher shall be issued in favour of the plaintiff-Trust. (R.M.SAVANT, J.) (P.B.MAJMUDAR, J.) 4