1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 468 OF 2010 IN SUIT NO. 1024 OF 2008 Sheela Ramesh Rangnekar & Anr. .. Plaintiffs Vs. Rajesh Ramesh Rangnekar .. Defendants And MIG Co-op. Hsg. Society Group-II Ltd. .. Applicant Mr. V. P. Vaze for the Plaintiffs. Mr. S. K. Shinde with Mr. Sagar Kasar for Deft. Nos.1 & 2. Mr. Prashant P. Prabhu for the Applicant. CORAM : MRS. R. S. DALVI, J. DATE : 20th April, 2010. P.C. 1. The parties to the suit have settled their dispute. They tendered the Consent Terms signed by all of them including their Advocates dated 29.03.2010. The Consent Terms are taken on record and marked “X”. There shall be an order and decree in terms of the Consent Terms in the suit. The undertakings given to the Court in the Consent Terms are accepted. 2. The applicant in this Notice of Motion is the Co- operative Society in which one of the flats, for which there 2 was dispute between the parties, is situate. The other flat is being sold, as agreed between the parties, to discharge the liability of defendant No.1 towards the total share of the plaintiff in the estate of the deceased husband of plaintiff No.1. 3. Defendant No.1 has paid a part of the agreed amount towards the share of the plaintiffs in the said estate. Defendant No.1 has to obtain a loan for the remainder of the amount. Defendant No.1 has agreed to pay off the plaintiffs. The plaintiffs have undertaken to vacate the suit flat as soon as they receive notice from the applicant society. Such undertaking is accepted. It is for the applicant society to proceed in accordance with its resolution for obtaining possession of the suit flat from the plaintiffs. 4. Since the applicant society requires possession of the flat and since the plaintiffs have to vacate the flat, the plaintiffs would have to be paid their share expeditiously. Defendant No.1 shall, therefore, obtain the required loan from the bank, for which all formalities are completed, within 2 weeks from today. The bank is requested to 3 process that loan expeditiously. The parties shall give a copy of the Consent Terms as well as certified copy of this order to the bank for its record. 5. The Notice of Motion stands disposed of accordingly. 6. The suit is adjourned to 6th May, 2010 first on board. (R. S. DALVI, J.)