1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 623 OF 2003 Smt. Geeta wd/o Rohit Raghvji Vira ...Plaintiff. V/s Raghvji Umershi Shah alias Vira & Ors. ... Defendants ---- Mr. R.M. Haridas, for the Plaintiff/Petitioner. Ms. Geeta R. Vira, Plaintiff present in person. Mr. Nikhil Dharod i/b M M Legal Venture, for Defendant Nos. 1 to 6. ---- CORAM: V.M. KANADE, J. DATE : 11 th JANUARY, 2010 . P.C.: 1. As far as Suit No.623 of 2003 is concerned, the learned counsel appearing for both the parties submit that the parties have settled their dispute, and that they have filed the consent terms on 6.1.2010, which is marked ‘X’. 2. Defendant No.7 being a minor, a Misc. Petition was filed by the Petitioner since Defendant No.7 is her son. The said Misc. Petition has been granted by this court today. The Plaintiff has also filed further affidavit, inter alia, stating therein that she is natural guardian of Defendant No.7, and that Defendant No.7 has one half share in the full and final settlement consideration amount of the 2 dispute between the parties. She has further stated that under the settlement she received the amount jointly on her and Defendant No. 7’s behalf in which Defendant No.7 has one half share. She has further stated that the amount of Rs.10,00,000/- shall be deposited by her in the name of her son Defendant No.7 till he becomes major. An undertaking to that effect has been given by the Plaintiff to this court. She also seeks that permission be granted to file the consent terms on behalf of Defendant No.7 by the Plaintiff herein because if the consent terms are not filed, the suit would be contested and minor’s interest would not be protected. 3. Undertaking given by the Plaintiff is accepted. However, the Plaintiff shall not sell the flat or Jewelery/ornaments standing in the name of deceased without seeking permission from this court. 4. In view of this affidavit, the permission is granted to the Plaintiff to file the consent terms in respect of share of the minor. The consent terms which are also taken on record and marked ‘X’ for identification. Undertaking given by the parties in the consent terms is accepted. The suit is accordingly decreed. The Plaintiff would be entitled to receive refund of court fees in accordance with rules. 5. Interim reliefs which are granted in the proceedings stand vacated. It is, however, made clear that the Plaintiff shall signed as 3 guardian of the minor on behalf of Defendant No.7. She is accordingly permitted now to sign the original consent terms which are taken on record. Amendment to be carried out forthwith. Certified copy of the order is expedited. (V.M. KANADE, J.)