: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.227 OF 1952 WITH NOTICE OF MOTION NO.4278 OF 2006 WITH NOTICE OF MOTION NO.1547 OF 2007 Brijkishroe J. Seksaria ....Plaintiff V/s. Jugalkishore Dwarkadas (since deceased) . Shantibai Jugalkishore (since deceased) . & Official Assignee & Anr. ....Defendants Mr.K.J. Somane for the Plaintiff. Mr.A.P. Bhagwe for Defendant No.4. CORAM : S.J. VAZIFDAR, J. DATED : 10TH JULY, 2008. P.C. : 1. By consent the suit is placed on board and heard finally. 2. The suit is disposed of in terms of the consent terms signed by the parties and their advocates, tendered in Court, taken on record and marked "X". The parties are present in Court. However, the Court Receiver shall stand discharged and shall hand over the money subject to payment of his costs, charges and expenses. 3. There is no impediment to the suit being : 2 : disposed of in terms of the consent terms as Defendant Nos.1 and 2 who are parents of the Plaintiff and Defendant No.4 have expired. Defendant No.3 is the Official Assignee who was appointed in respect of Defendant No.1. However, the order of insolvency has been annulled by an order dated 3.4.2007 upon deposit by the Plaintiff of the amounts of Rs.43,50,000/- with the Official Assignee. 3. Refund as per rules. 4. Both the Notices of Motion are accordingly disposed of.