: 1 : IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO.905 of 1999 NO.905 of 1999 NO.905 of 1999 Bank of India .. Plaintiffs. Versus Smt.Sundari M.Malkani & Anr. .. Defendants. N.S.Fadia for the plaintiffs. Mr.Jaykar i/b.M.V.Jaykar & Co. for the defendants. CORAM CORAM CORAM : : : R.Y. GANOO, J. R.Y. GANOO, J. R.Y. GANOO, J. DATE DATE DATE : 21st July, 2008. : 21st July, 2008. : 21st July, 2008. P.C.: P.C.: P.C.: 1. The Court is informed that defendant No.1 has expired long back. Hence suit abates sofar as defendant No.1 is concerned with no order as to costs. 2. Consent Terms signed by the Officer of the plaintiffs and defendant No.2 through constituted attorney and their respective Advocates are taken on record. In terms of Clause 2 of the consent terms, suit is allowed to be withdrawn with no order as to costs. Refund of Court fees, if any, as per rules is granted. (R.Y.GANOO, (R.Y.GANOO, (R.Y.GANOO, J.) J.) J.)