: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2998 OF 2009 WITH NOTICE OF MOTION NO.3999 OF 2009 Deepak Sampat .. Plaintiff v/s. Rajendra Danthi & Ors. .. Defendants ......... Mr. Indu Prakash i/by C.K. Tripathi for plaintiff Mr. Nivit Srivastava for defendant nos.1, 2 and 4. ......... CORAM : R.Y.GANOO, JJ. MARCH, 22nd 2010. P.C. : 1. Application is filed by the advocate for the plaintiff to join Mr. Haresh Matani and Suresh Matani as defendant nos. 5 and 6. These two persons have tendered their No Objection for they being joined as defendant nos.5 and 6. Liberty is granted. Accordingly, draft amendment submitted is taken on record. Plaintiff to carry out amendment so as to show Mr. Haresh Matani and Mr. Suresh Matani as defendant nos.5 and 6 respectively. Amendment to be carried out forthwith. Learned advocate : 2 : Mr. Srivastav undertakes to file Vakalatnama on behalf of the defendant nos.5 and 6 within a week’s time from today. 2. At this stage, consent terms dated today i.e. 22nd March, 2010 signed by the plaintiff and defendant nos.1,2,4,5 and 6 and their respective advocates are taken on record. Learned advocates on both sides prayed for decree in terms of the consent terms as mentioned above are taken on record, they are marked as “X” for identification. There shall be a decree in terms of consent terms as between the plaintiff and all the defendants except defendant no.3. Suit is allowed to be withdrawn, so far as defendant no.3 is concerned. There shall be no order as to costs. Refund of Court fees as per rules. Notice of Motion No.3999 of 2009 is allowed to be withdrawn with no order as to costs, in view of the decree in terms of suit. [R.Y.GANOO, J.]