IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 3236 OF 1998 NO. 3236 OF 1998 NO. 3236 OF 1998 ALONGWITH ALONGWITH ALONGWITH NOTICE NOTICE NOTICE OF MOTION NO. 633 OF 2007 OF MOTION NO. 633 OF 2007 OF MOTION NO. 633 OF 2007 K.S.ENTERPRISES K.S.ENTERPRISES K.S.ENTERPRISES ... ... ... PLAINTIFFS. PLAINTIFFS. PLAINTIFFS. AND AND AND ORS. ORS. ORS. VS. VS. VS. GULABCHAND GULABCHAND GULABCHAND AWADHANARAYAN AWADHANARAYAN AWADHANARAYAN UPADHYAYA UPADHYAYA UPADHYAYA & ORS. & ORS. & ORS. ... ... ... DEFEBDABTS. DEFEBDABTS. DEFEBDABTS. MR. MR. MR. A.G.DAMLE FOR THE PLAINTIF. A.G.DAMLE FOR THE PLAINTIF. A.G.DAMLE FOR THE PLAINTIF. MR. MR. MR. A.C.SINGH FOR DEFENDANT NOS.F 1(a) TO 1(d). A.C.SINGH FOR DEFENDANT NOS.F 1(a) TO 1(d). A.C.SINGH FOR DEFENDANT NOS.F 1(a) TO 1(d). MR. MR. MR. ABHAY THORAT FOR DEFENDAT NOS. 2 TO 36. ABHAY THORAT FOR DEFENDAT NOS. 2 TO 36. ABHAY THORAT FOR DEFENDAT NOS. 2 TO 36. Coram Coram Coram : S.K.Shah, J. : S.K.Shah, J. : S.K.Shah, J. Date Date Date : March 6, 2007. : March 6, 2007. : March 6, 2007. P.C.:- P.C.:- P.C.:- 1. 1. 1. Parties Parties Parties i.e. defendant No.1 and Plaintiff have i.e. defendant No.1 and Plaintiff have i.e. defendant No.1 and Plaintiff have filed filed filed the consent terms. Consent terms are taken on the consent terms. Consent terms are taken on the consent terms. Consent terms are taken on record record record and marked "X" for identification. and marked "X" for identification. and marked "X" for identification. 2. 2. 2. In In In view of the consent terms the Plaintiff seeks view of the consent terms the Plaintiff seeks view of the consent terms the Plaintiff seeks deletion deletion deletion of the names of the defendant No. 2 to 36 of the names of the defendant No. 2 to 36 of the names of the defendant No. 2 to 36 from from from the array of the defendants. Leave to amend is the array of the defendants. Leave to amend is the array of the defendants. Leave to amend is granted. granted. granted. Necessary amendment shall be carried out with Necessary amendment shall be carried out with Necessary amendment shall be carried out with in in in one week. one week. one week. 3. 3. 3. Decree Decree Decree be passed in terms of the consent terms. be passed in terms of the consent terms. be passed in terms of the consent terms. 4. 4. 4. Undertakings Undertakings Undertakings given in clause 10 and 20 of the given in clause 10 and 20 of the given in clause 10 and 20 of the consent consent consent terms, are accepted. No Order as to costs. terms, are accepted. No Order as to costs. terms, are accepted. No Order as to costs. 5. 5. 5. In In In view of the consent terms Notice of Motion view of the consent terms Notice of Motion view of the consent terms Notice of Motion No. No. No. 633 OF 2007 in this Suit does not survive and the 633 OF 2007 in this Suit does not survive and the 633 OF 2007 in this Suit does not survive and the same same same stands disposed of. stands disposed of. stands disposed of. .... .... .... [S.K.Shah [S.K.Shah [S.K.Shah , J.] , J.] , J.]