1 S.2789/2009 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2789 OF 2009 Mrs. Neela wd/o Late Sudhir Bhatia & Ors. ..Plaintiffs. Vs. Shri Dhiren Bhagwandas Bhatia & Anr. ..Defendants. ---- Mr. A.J. Almeida i/b Vigil Juris, for the Plaintiffs. Mr. Aditya N. Raut i/b M/s Desai Desai Currimjee, for Defendant Nos.1 and 2. --- CORAM: S.C. DHARMADHIKARI, J. DATED : 16th SEPTEMBER 2010. P.C. 1] The Suit is for partition on the basis of the shares of the parties. 2] It is stated that after discussion and intervention of the family members, the claim has been settled by the parties. It is urged that the consent terms are drawn on the basis of the shares of respective parties and there are no other persons claiming any shares in the suit property. Further, no interest of any minor is involved. It is 2 S.2789/2009 submitted that on the basis of terms which are prepared and tendered, a final decree be passed. There is therefore according to parties no necessity of passing preliminary decree so as to declare the shares because they are admitted. 3] The consent terms recording the arrangement between the parties, so as to distribute and divide the properties as per the shares mentioned therein are taken on record and marked 'X' for identification. 4] Since the dispute is between family members and it is stated that none of them are interested in affecting any rights of third party nor the are involved in any manner and further having satisfied myself that terms are not contrary to the law or public policy but filed voluntarily and willingly with a view to put an end to the dispute between family members, there will be a decree in terms of the consent terms. The Suit is decreed and disposed of accordingly. 5] Refund of Court fees as per rules. All interim applications do not survive. All ad-interim orders therefore stand vacated. [S.C. DHARMADHIKARI, J.]