-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 2793 OF 2008 Mangala S. Maniyar and Anr. ..Plaintiffs. Versus Haresh M. Joshi and Ors. ..Defendants. Mr. Udaya S. Samudrala for the plaintiffs. Mr. Z. A. Jariwalla i/b M/s. Thakore Jariwala and Associates for defendant nos. 1 & 2. Coram : R. V. MORE, J. Date : January 11, 2010. P. C. : 1. Learned counsel appearing on behalf of the plaintiffs and the defendant nos. 1 & 2, make a statement that the dispute between their clients is settled out of the Court and tendered consent terms duly signed by the plaintiff, defendant no.1 for himself and for the defendant no.2. It is provided in the consent terms under clause (18) that the suit against the defendant nos. 3 to 7 stands dismissed as withdrawn. By virtue of clause (1) of the consent terms defendant no.2 submitted to a decree for admission as prayed in terms of prayer (a). Under clause (12) of the consent terms the defendant has given undertaking to keep the title of the said flat clear and to hand over the possession of the same to the plaintiff as the absolute owner thereof within the time stipulated. Undertaking of the defendant no.2 is accepted. Consent terms are taken on record and -: 2 :- marked “X” for identification. 2. The plaintiff and the defendant no. 1 are personally present in the Court. They admit the contents of the consent terms. In the above circumstances, the above suit is disposed of in terms of the consent terms with no order as to cost. Decree be drawn up accordingly. Refund of the Court fees as per the Rules. 3. In view of the disposal of the main suit, Notice of Motion No. 3327 of 2008 taken out in the above suit does not survive and therefore the same is disposed of accordingly. (R.V. MORE, J.)