1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 755 OF 2009 WITH NOTICE OF MOTION NO. 1176 OF 2009 Anima N. Chakraborty. ... Plaintiff. V/s. Shantidevi N. Chakraborty & Ors. ... Defendants. Ms. Reena Salunke for the Plaintiff. Mr. S.A. Shetty for Defendant Nos. 1 & 3. Mr. Yadunath Chaudhary for Defendants 2,4 to 6. CORAM : S.C. DHARMADHIKARI,J. DATED : 29th JULY 2009. P.C. :- Heard learned Counsel for both sides. 2. At the request of the learned Counsel appearing for the Plaintiff, the name of Defendant No.7 is deleted. His deletion is at the risk of the Plaintiff and the signatories to the Consent Terms. 3. In a Suit which is filed for declaration of the shares, partition and separate possession of an immovable property, the aforesaid Defendants and the Plaintiff have arrived at terms pursuant to which the shares of each one of them are 2 computed and arrangement is made in terms of the clauses of the Consent Terms so that each one gets his/her share and entitlement in the flat, which is under construction at site. 4. The terms fully settle all disputes and differences. The terms are arrived at willingly and it is stated that there is no compulsion in any manner. 5. It is stated that the First Defendant cannot sign because of her old age and therefore, her thumb impression is placed on the terms. Additionally, Defendant No.3 holds a Power of Attorney from the First Defendant. 6. All parties state that affidavits confirming the terms would be filed by the First and the Third Defendants within a period of one week from today. 7. Having satisfied myself that the terms fully and completely resolve the family dispute and each one is granted the share in the immovable property, I proceed to take the terms on record. 9. Accordingly, the Consent Terms shall be taken on record and marked 'X' for identification. 10. There will be an order in terms of the Consent Terms. The Suit is disposed off accordingly. Refund of Court fees as per rules. No order as to costs. 3 11. Notice of Motion No. 1176 of 2009 does not survive in the light of the disposal of the Suit and ad-interim order, if any, shall stand vacated. (S.C. DHARMADHIKARI,J.)