1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1623 OF 2005 Vijaya Bank ..Plaintiff V/s Sudhakar G. Shetty & ors ..Defendants Mr.K.S.Shetty, Advocate, for the plaintiff Mr.U.S.Shetty, Advocate, for the defendant No.3 Mr.S.G.David – Section Officer – the Court Receiver present CORAM : R.M.SAVANT, J. DATE : 19TH DECEMBER, 2008 P.C. . The learned counsel for the plaintiff and the defendant No.3 tender Consent Terms recording the compromise between the two parties. The said Consent Terms are signed on behalf of the plaintiff and the defendant No.3 as also their advocates. The said Consent Terms are taken on record and marked as “X” for identification. 2. Since by the said Consent Terms the sale proceeds of the said flat has been agreed to be shared by the plaintiff and the 2 defendant No.3 in the ratio of 50-50 the Court Receiver is directed to deduct the outstanding dues of the Society concerned as also other dues like electricity charges and property taxes as also the Court Receiver's costs, charges and expenses from the sale proceeds. The plaintiff and the defendant No.3 would be entitled to the balance remaining for distribution in the ratio of 50-50 as per the Consent Terms. 3. In so far as the other defendants are concerned, in view of the Consent Terms the suit does not survive and is dismissed against them. 4. The Court Receiver to stand discharged without passing accounts after deducting costs, charges and expenses as mentioned herein above. The plaintiff would be entitled to refund of Court fees, if any, as per rules. (R.M.SAVANT, J.) 3