1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2322 of 2007 In Suit No.1539 of 2007 Rajender Singh Sethi .. .. Plaintiff v/s. Avtarsingh Seth .. .. Defendant WITH Chamber Summons No.197 of 2009 In Notice of Motion No.2322 of 2007 In Suit No.1539 of 2007 Rajender Singh Sethi .. .. Plaintiff v/s. Avtarsingh Seth .. .. Defendant WITH Notice of Motion No.3794 of 2007 In Suit No.1539 of 2007 Rajender Singh Sethi S/o Hernam Singh Sethi .. .. Plaintiff v/s. Avtarsingh Seth S/o Harnam Singh Sethi .. .. Defendant Mr.Omprakash Pandey with Mr.Rahul Pandey i/by M/s.Pandey & Co. for Plaintiff. 2 Mr.Sandeep Waghmare with Mr.RAhul Mootkari for Defendant. Ms.Lambay i/by M/s.Lambay & Co. for Intervener. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 12th February 2009 P.C. : 1.The parties have amicably settled their disputes. There are number of properties purchased by the parties from their individual funds as well as from the joint funds of their business which initially was started and carried on by their father and later by them. The Defendant has prepared 2 lists of the properties. He has offered both the lists to the Plaintiff to accept one of the lists of the properties. The Plaintiff has accepted list No.1. Hence, the Defendant gets properties mentioned in list No.2. List Nos.1 and 2 being the Agreement in the nature of Consent Terms entered into by and between the parties are taken on record and marked “X” for identification (collectively). 2.So far as the dispute between the Plaintiff and the Defendant is concerned, it is amicably settled as per the 2 lists which are signed by both the Plaintiff as well as the Defendant in Court. 3 3.It is agreed between the parties that the rents, if any, received from any of the properties by either of them shall be kept with that party and the other party shall not claim those rents. 4.The estate of the father of the parties would devolve upon all his heirs. The parties have 2 married sisters and their mother who are heirs and legal representatives of their father. Both the parties state that their 2 sisters as well as the mother have no objection to the parties sharing properties by and between them and shall give their consent. For the purpose of record, the Plaintiff shall have to bring the 2 married sisters and the mother as party Defendants on record of the Suit. The Defendant consents to these parties being made party Defendants. Hence, leave is granted to the Plaintiff to amend the Plaint to bring on record his 2 married sisters and his mother as party Defendant. Amendment shall be allowed to be carried out by the Plaintiff in Court itself before the Associate of this Court. 5.2 lists are signed by both the Plaintiff as well as the Defendant and their respective Advocates. There shall be an order and decree in terms of 2 lists signed by the Plaintiff, the Defendant and their Advocates such that the Plaintiff 4 shall be entitled to the right, title and interest of all the properties mentioned in list No.1 and the Defendant shall be entitled to the right, title and interest of all the properties mentioned in list No.2. 6.There are certain properties purchased by both the parties individually. All those properties are not included in both the lists. There are certain properties sold by the Defendant to third parties which come to the share of the Plaintiff under list No.1. The right, title and interest in those properties shall continue to belong to the purchasers mentioned therein. However, the parties agree that the Defendant shall pay the Plaintiff the entire amount of consideration received by the Defendant by cheque as well as cash in respect of all such properties within 4 weeks from today. 7.Capt. Kamal Kishore Grover has purchased shop Nos.24 and 25 in Hilton Tower listed at item Nos.2 and 3 of list No.1. He shall be entitled to the right, title and interest in respect of the said shops. The formalities relating to the ultimate transfer in favour of all the purchasers to whom the properties in list No.1 are sold shall be effected by all concerned parties expeditiously. 5 8.The parties agree to withdraw all other Suits as well as criminal proceedings taken out by them upon the other. (SMT.ROSHAN DALVI, J.)