1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.42 OF 2008 IN NOTICE OF MOTION NO.3892 OF 2007 IN S.C. SUIT NO.2886 OF 2007 Shyam T. Sachanandani & Anr. .. Appellants. Versus M/s.Satiosh Vadilal Sheth & Anr. .. Respondents. Mr.H.S.S. Murthy i/by Mr.P.A. Sawant for the appellants. Mr.Sanjay Jain i/by M/s.P.M. & Mithi & Co. for the respondents. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 24th March, 2008 DATED : 24th March, 2008 DATED : 24th March, 2008 P.C. : 1. During the course of hearing, learned counsel appearing for the parties, on instructions from their respective parties, who are present in Court, states that this Appeal could be disposed by a consented order. The agreed terms are as follows: a. The appellant in the present appeal shall not carry out any construction / structural work in the premises in question nor would do any kind of damage to the premises, which is subject matter of the agreement between the parties. 2 b. The appellant shall not enter into any agreement of any kind creating third party right, title and interest in the property in question and file undertaking in this Court that he will not create any third party right in the property in question, except subject to orders of the Court. c. The appellant shall pay a sum of Rs.37,50,000/- with interest @ 12% p.a. from August, 2005 till date, within two weeks from today. d. Upon payment of this amount to the respondent in this appeal, the appellant shall be entitled to enjoy the said property as per the terms of the agreement between the parties. e. If the amount is not deposited within two weeks from today, all benefits of this order shall be deemed to have been vacated automatically. f. Upon payment of the entire amount, the Appellant would be entitled to receive the money from the Receiver, if any paid in relation to the property in question. g. The appointment of Court Receiver shall remained ceased to operate. 3 h. The appellant would not be entitled to claim any equities as a result of the money paid by them during the pendency of the proceedings. i. All charges in relation to occupancy of the premises viz. rent and permanent increases shall be paid by the appellant to the respondent and in turn by the respondent to the landlord, or the appellant shall be at liberty to deposit the same in the suit proceedings where all three of them are parties. j. The present order is being made by consent of the parties and without prejudice to their rights and contentions and pleas that they have already taken in various litigations before the Court of competent jurisdiction. None of the parties to the present appeal would be deemed to have surrendered any of their objections or waived any legal issue, which is subject matter of the proceedings before the Court of competent jurisdiction. 2. The appeal is disposed of in above terms, with no order as to costs. CHIEF JUSTICE 4 J.P. DEVADHAR, J.