1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT LOD.NO.3379 OF 2009 Lalit Laxman Jadwani .. Plaintiff Versus Laxman Tikamdas Jadwani & Ors. .. Defendants Mr.Deepak Lulia for plaintiff Mr.Rishit P. Badiani i/b. Hariani & Co. for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : December 14, 2009. P.C.: 1] This is a suit filed by the plaintiff for declaration that family settlement dated 10th December 2008 is legally valid, subsisting and binding on defendants and all claiming through them. Further the prayer is that this agreement be specifically performed and a gift deed executed by defendant No.1 in favour of defendant No.2 dated 12th June 2009 so also the notice of termination dated 14th May 2009, both, be declared as illegal, null and void and not binding on plaintiffs. Parties are related to each other, inasmuch as, the first defendant is father of plaintiff and defendant Nos. 2, 3 and 4 are unmarried sisters of plaintiff and daughters 2 of defendant No.1. 2] Such being the nature of the dispute, it was suggested that the parties should negotiate and settle the matter amicably so that interest of the son and daughters are protected. 3] After prolonged negotiations and discussions, it is now reported that the matter is amicably settled. Plaintiff and defendants have drawn the consent terms which fully incorporate the agreement between them. The terms resolve all family disputes and differences and both sides will have no claim against each other, if these terms are taken on record and an order is made in furtherance thereof. The terms record reciprocal obligations and undertakings. Plaintiff’s grievance with regard to Gift Deed is redressed inasmuch as defendant Nos.1 and 2 have stated that they would cancel the gift deed. Thereafter, the plaintiff will forward to the Advocates for the defendants a draft agreement for sale which would be duly approved and, thereafter, the original documents of title would also be handed over. The plaintiff in turn has agreed to pay a sum of Rs. 12 lakhs consisting of balance sale consideration and transfer charges/ fees for the said flat. This amount would be paid on or before 16th March 3 2010. 4] In terms of these consent terms which fully resolve the dispute between the parties, I am satisfied that the claim has been settled. The settlement is amicable and without pressure or force but arrived at after negotiations and discussions. The consent terms are taken on record and marked “X” for identification. There will be an order in terms of these consent terms. Undertakings of both plaintiff and defendants to the court are accepted. The suit stands decreed accordingly. Notice of motion does not survive in the light of disposal of the suit. Refund of court fees as per rules. No order as to costs. (S.C.DHARMADHIKARI, J)