:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 2680 OF NO. 2680 OF NO. 2680 OF 1988 1988 1988 Hemant M. Kapadia & Anr. ... Plaintiffs. V/s. M/s. Mahesh Association. ... Defendants. Ms. Preeti Shah for the Plaintiffs. Mr. Sandeep Vimadalal i/b. Vimadalal & Co. for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 10TH 10TH 10TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . The Plaintiffs and the Defendants have settled the dispute out of Court. 2. However, they desire to place the arrangement arrived at on record as it touches the rights in respect of a immovable property. 3. The Plaintiffs were entitled to the benefit of an agreement dated 7th August 1987 which was in respect of Flat No.303 of a building which is more particularly described in clause 2(a) of the consent terms. However, the parties have agreed that the Plaintiffs would give up all benefits and rights under this agreement in favour of the Defendants upon the Defendants paying to them a sum of :2: Rs.50,00,000/-. The payment of Rs.50,00,000/- is already made by Pay Orders, details of which are set out in clause 2(c) of the consent terms. Since the consent terms record that the Pay Order is paid in full and final settlement and the Plaintiffs have agreed to give up their rights in respect of flat No.303, it is recorded that there are no claims against each other. The Criminal proceedings would also come to an end by virtue of these terms. 4. Since the property rights are settled and the Plaintiffs have willingly given up their rights therein, the consent terms are taken on record and marked ‘X’ for identification. The terms have been fully understood by the Plaintiffs and thereafter, they have signed them. The Defendants have also understood these terms and have made the payments pursuant thereto. Both sides state that the terms fully and completely record the agreement arrived at by them and they have signed them voluntarily. 5. In such circumstances, there will be an order in terms of he consent terms. The Suit will be disposed of in the consent terms. Refund of Court fees, as per rules. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)