*1* s.1898.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1898 OF 2009 with NOTICE OF MOTION NO.2836 OF 2009 Mandakini K. Kamble. ..Plaintiff -Versus- Ruplaxmi S. Rane @ Kamble and another. ..Defendants .......... Venkatkrishna Kunduru i/b Kunduru & Kunduru, for the Plaintiff. Sachin J. Kadam, for the Defendant No.1. Ajay Sethi, for the Defendant No.2. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 01st December, 2010. P.C. 1 The learned counsel for the Plaintiff states that he has instructions to apply for withdrawal of the suit against the Defendant No. 2. The suit is dismissed as withdrawn as against the Defendant No.2. 2 The suit is filed by the Plaintiff for declaration that she alone is entitled to the dues which are payable by the Defendant No.2 to the deceased Sachin Kamble @ Rane who passed away in Mumbai on 17.08.2008. The Plaintiff is mother whereas the Defendant No.1 is ex-wife of the deceased. During the lifetime of deceased, the Defendant No.1 and the deceased agreed to dissolve their marriage by mutual consent and that is how a petition for divorce by mutual consent was filed. 3 The Defendant No.2 has deposited the money in the Court. It is agreed between the parties that this amount will be divided equally between the Plaintiff and the Defendant No.1 and any future payment arising out of the employment of the deceased with the Defendant No.2 either towards provident fund, gratuity, etc. will not be claimed by the *2* s.1898.09 Defendant No.1 but the said amount shall be paid by the Defendant No.2 to the Plaintiff only. Therefore, the parties agree that they would withdraw the said amount with accrued interest and divide the same equally amongst the Plaintiff and the Defendant No.1. It is, however, agreed that the Defendant No.1 would make no claim whatsoever in the estate of the deceased in future save and except the amount deposited in this Court and interest accrued thereon. 4 The consent terms recording the above terms including withdrawal of the suit against the Defendant No.2, are tendered. The consent terms are duly signed by the Plaintiff and the Defendant No.1 and their respective Advocates. The Plaintiff and the Defendant No.1 are present in the Court. They confirm their signatures below the terms. In such circumstances, there is no impediment in taking the consent terms on record and passing the order in terms thereof. I am satisfied that the terms do not contravene any provisions of law, so also, are not contrary to public policy. The consent terms are taken on record and marked "X" for identification. 5 I am satisfied that the dispute with regard to the claim by the parties in the sum payable by the employer to the deceased is amicably and mutually settled. 6 In these circumstances, there will be an order in terms of the consent terms. The suit is disposed of accordingly. Refund of the Court fees as per rules. No order as to costs. 7 In the light of disposal of the suit, Notice of Motion does not survive and the same is also disposed of. Interim order, if any, stands vacated. (S.C. Dharmadhikari, J)