1 nms-344-11-s-524-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 524 OF 2009 WITH NOTICE OF MOTION NO. 344 OF 2011. Rita Kirit Joshi. ..Plaintiff. vs. Rukaiya Kirit Joshi & Ors. ..Defendants. .... Mr. A.D. Shetty, i/b. Sanjay Udeshi & Co., for Plaintiff. Dr. B.B. Saraf, a/w. Mr. Shriraj Dhruv & Mr. Milesh Naik, i/b. Dhruv & Co., for Defendant Nos. 1 & 2. Mr. H.D. Shetty, i/b. A.G. Damle, for Defendant No.4. Ms. Anupama Shah, for Defendant No.3. Ms. Rita Kirit Joshi, Plaintiff, present. Ms. Rukaiya Joshi, Defendant No.2, present. Mr. Cyril Joshi, Defendant No.2, present. Mr. Rajesh R. Joshi, Defendant No.3, present. Ms. Meena Kirit Joshi, Defendant No.4, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST MARCH 2011. P.C. : 1. The Court has met and interviewed the 3rd Defendant and has interacted with him on the last three occasions. The court has found him to be of sound disposing mind and capacity and capable of dealing with his affairs and to understand his rights/ affairs and to take a decision in this regard. 2. The learned Advocates appearing for the parties have tendered the consent terms dated 21st March 2011. They submit that the parties being the Plaintiff and the Defendant Nos. 1 to 4 have 2 nms-344-11-s-524-09 executed the consent terms resolving their disputes. They submit that the consent terms be taken on record and the Suit be disposed of in terms of the consent terms. 3. The consent terms are taken on record and marked ‘X’ for identification. The consent terms are signed by the Plaintiff and the Defendant Nos. 1 to 4 and their respective Counsel. Defendant No.4 who is the ex-wife of the deceased Kirit Joshi has signed twice i.e. as Meenaben Kirit Joshi and Meenaben Maganlal Upadhyay. The consent terms have been interpreted and explained to her in Gujarati. All the signatories are present in Court. They have informed the Court that the consent terms are signed by them of their own free will and volition. The third Defendant who is present in Court has also informed the Court that he has given his consent and concurrence to the consent terms. The undertakings given in the consent terms are accepted. 4. The above Suit therefore stands disposed of between the Plaintiff and the Defendant Nos. 1 to 4 in terms of the consent terms marked ‘X’. Refund of Court fees, if any, as per Rules. The Notice of Motion also stands disposed of. There shall be no order as to costs. [ S.J. KATHAWALLA, J. ]