1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.3263 OF 2006 Praveena wd/o.Pravinchandra Sutarwala & others Plaintiffs versus Hitesh Pravinchandra Sutarwala and another Defendants Mr.Vinod Thakkar for plaintiffs. Ms.Rekha Tolat a/w Sunil Jadhav i/by Rajesh S. Sharma for defendants. CORAM : S.J.KATHAWALLA, J. DATE : 26th April 2011 PC : 1. This suit is filed by the plaintiffs against the defendants for a declaration that the defendant no.1 has no right, title or interest in Flat No. 11, Chandratej Co-operative Housing Society Limited,, Dattapada Road, Near Ram Mandir, Borivali (East), Mumbai 400 066 (the suit flat) and that the name of the defendant no.1 be deleted and removed from the records of the suit flat. 2. The plaintiff no.1 is the mother of plaintiff nos.2 and 3 and the defendant no.1. Defendant no.2 is the wife of the defendant no.1. Serious allegations are made by the plaintiffs and the defendants against one another. At the interim stage the defendants have been restrained from entering into the suit flat and the Court Receiver was appointed in respect of the same. Since the defendants have not filed their written statement, the suit was transferred to the list of undefended suits. However, when the matter came up for ex-parte decree before this Court, this Court directed the advocate for the plaintiffs to inform the defendants that the suit is placed before this Court for an ex-parte decree and if the defendants do not appear before the Court, the Court will be constrained 2 to grant an ex-parte decree in favour of the plaintiffs and against the defendants. Accordingly, notice was issued to the defendants. 3. The plaintiffs and the defendant no.1 are present before this Court. Since the dispute pertains to very close family members, the matter is kept in chamber. After hearing the learned advocates for the parties as well as the plaintiffs and the defendant no.1, the following order is passed by consent of the parties :- (a) The defendant no.1 agrees and undertakes that the defendant nos. 1 and 2 herein as well as their son have no right, title and/or interest whatsoever in the suit flat being Flat No.11, Chandratej Co-operative Housing Society Limited, Dattapada Road, Near Ram Mandir, Borivali (East), Mumbai 400 066 and that he shall sign all the documents in favour of the plaintiffs for the purposes of getting his name deleted from the records of the society. The undertaking is accepted; (b) The defendant no.1 agrees and undertakes that the defendant nos. 1 and 2 herein as well as their son shall not claim any right over the suit flat at any time in future i.e. even after the demise of plaintiff no.1 and that the suit flat after the demise of the plaintiff no.1 shall belong to and owned by the plaintiff nos.2 and 3 to the exclusion of the defendants and their son even if the plaintiff no.1 dies intestate. The undertaking is accepted; (c) The plaintiff nos.1 to 3 undertake that they have no right, title and/or interest and shall also not claim any right, title and/or interest in future in respect of the Flat situate at Mohanbhai Bharwad Chawl, Rai Dongri, Carter Road No.3, Opp.Ambaji Mandir, Near Jalaram Mandir, Borivali (East), Mumbai and the plaintiffs shall hand over all the documents which are in their possession pertaining to this flat to the advocate for the defendants within a period of one week from today; (d) The arrears payable in respect of suit flat to the society shall be 3 borne by the plaintiffs and not the defendants; (e) The plaintiffs and the defendants undertake that in view of the above clauses (a) and (b), they shall have no claim of whatsoever nature against each other. The undertaking is accepted; (f) The Court Receiver appointed in respect of the suit flat stands discharged without taking accounts. However, the costs, charges and expenses of the Court Receiver shall be borne by the plaintiffs; (g) In view of the above, the suit stands disposed of. Refund of court fees, if any, as per Rules. (S.J.KATHAWALLA, J.)