1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 4629 OF 1994. Satish Dattatraya Upponi. ..Plaintiff. vs. Prashant D. Upponi & Anr. ..Defendants. .... Ms. Preeti Walimble, for Plaintiff. Mr. R.S. Raymond, i/b. Raymond & Co., for Defendants. .... CORAM : S.J.KATHAWALLA, J. DATE : 9TH JULY 2009. P.C. This suit is filed by the plaintiff for a declaration that the plaintiff is entitled to half share in respect of the suit flat in flat no.B/8 as well as other properties being the properties left behind by the deceased Dattatraya Upponi and Smt. Kamala Upponi. The plaintiff and defendant no.1 are the sons of Dattatraya Upponi and Smt. Kamala Upponi. Defendant no.2 is the wife of defendant no.1 . 2. Parties have today tendered the consent terms dated 9 th July 2009, which are signed by the plaintiff and the Constituted Attorney of the defendants. The consent terms are taken on record and marked -X for identification. The defendants are currently at Dubai. 2 3. The original Power of Attorney dated 29 th August 2008 is executed by defendant no.1 and 2 in favour of the Constituted Attorney i.e. Bobby Sam. Under paragraph 5 of the said Power of Attorney, the Attorney is authorised by defendant nos. 1 and 2 to sign/ execute the consent terms in the suit i.e. Suit No.4629 of 1994. A true copy of the said Power of Attorney is taken on record and the original Power of Attorney is returned to the Advocates. 4. By the said consent terms, the parties have as set out therein agreed to deal with the properties of the deceased Dattatraya Upponi. 5. The plaintiff as well as the constituted attorney of the defendants is present in Court. They have informed the Court that they have signed the consent terms at their own free will and volition and there is no force, fraud and coercion. 6. In view thereof, the suit is disposed of in terms of the consent terms. Refund of Court fees as per rules. Certified copy is this order is expedited. [ S.J.KATHAWALLA, J. ]