1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No.1646 of 2009 with Notice of Motion No.2839 of 2009 Hemali wd/o Sachin Sahebrao Deshmukh ..Plaintiff vs. 1 Lata Sahebrao Deshmukh and others ..Defendants Mr.R.R.Thumbre for plaintiff Mr.Appasaheb Desai for defendant no.1 Mr.Raja Ghadge for defendant nos. 2 to 5. CORAM: S.C. DHARMADHIKARI J. 16 th December, 2009 P.C. 1 The suit is filed by the plaintiff for partition and separate possession. The plaintiff is a widow of one Sachin Sahebrao Deshmukh, since deceased, who expired on 31 st May 2007 leaving behind the plaintiff and defendant no.1 as his only two legal heirs. Defendant no.1 is the mother, Defendant no.2 is brother and other defendants are sisters of the deceased. 2 2 Apprehending that after the death of the deceased, the plaintiff would not get any share in the properties, this suit is filed. At the ad-interim stage, in the notice of motion, an order of status quo was passed so also a statement came to be recorded. 3 Thereafter the parties have resolved the dispute amicably. It is agreed between the parties that the plaintiff will get certain fixed amount and also share in the immovable property and in turn she will relinquish her share in other properties. All this has been done mutually and after discussion. There is no pressure or force and all parties are present in Court so also their Advocates. 4 They tender the terms recording the mutual arrangement in writing and state that they have signed the same willingly. Their Advocates have also put their signatures. The properties would now be divided as per the 3 consent terms and more particularly in the light of the clauses therein. The parties agree that this Court need not pass the preliminary decree but the terms record the final arrangement. In these circumstances, they pray that these terms be taken on record and order be made in furtherance thereof. 5 The consent terms signed by the parties and their advocates are taken on record and marked X for identification. The parties are explained the terms as some of them are not in a position to read and write in English. The terms with their implications and consequences have been duly explained. There will be an order in terms of the consent terms. The suit decreed accordingly. Refund of Court fees as per rules. 6 The Notice of Motion no.2839 of 2009 does not survive and stands disposed of accordingly. Ad-interim order is vacated. (S.C.DHARMADHIKARI J.)