IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 197 OF 2009 SHRI. DADU RAGHUNATH AMBRE AND ANR., ... Petitioners Versus SHRI. RAJANIKANT RAGHUNATH AMBRE AND ANR., ... Respondents Mr. A. D. Bhobe, Advocate for the petitioners. Mr. S. D. Lotlikar, Senior Advocate with Mr. P. S. Lotlikar, Advocate for the respondents. Coram:- SMT. R. S. DALVI, J. Date:- 22nd April, 2009 P.C. This writ petition challenges the order of the learned Civil Judge, Senior Division, Mapusa dated 04.02.2009, allowing the compliance of the consent terms executed by the parties in the partition suit. 2. Under the consent terms, the parties agreed to bid for the suit property. The parties agreed that the successful bidder should deposit the "whole bid amount" within a period of sixty days from the date of the execution. They further agreed that while settling the account of the bid amount, if the plaintiffs won, the mesne profit due and payable by the plaintiffs to the defendants under the decree "shall be taken into account/adjusted." 3. The plaintiffs were the successful bidders. The entire bid amount is Rs.4,05,985/-. The plaintiffs were entitled to mesne profit claimed by the plaintiffs. I am told that mesne profit come to Rs.95,000/- at the rate of Rs.400/- per month, for 237 months and 15 days. Both the parties are entitled to half share in the amount of the bid. The plaintiffs therefore, deposited half the amount of Rs.4,05,985/- less Rs.95,000/-. 4. The defendants who are petitioners herein have taken exception to the deposit on the ground that it was against the terms agreed between the parties in the consent terms. Under the consent terms the petitioners were entitled to "take into account/adjust" the amount of mesne profit that the petitioners would be entitled to and which was already computed. Hence the "whole bid amount" required to be deposited would be upon such adjustment. The plaintiffs have deposited what would be the amount payable to the defendants and not included the amount payable to him. That is sufficient compliance of the terms of the consent terms. The learned Judge has correctly considered this aspect. Writ petition is dismissed. SMT. R. S. DALVI, J. lh/.