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Bombay High CourtS/2138/2009consent term

Nihar N. Desai v. Kiran C. Desai And 8 ORS.

2016-10-21Hon'Ble Shri Justice K.R. Shriram2 pages

1/2 901.S-2138-2009.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2138 OF 2009 Nihar N. Desai ....Plaintiff V/s.

Kiran C. Desai & Ors.

....Defendants ---- Mr. Ashok Wanmari i/b. Mr. Shashank N. Fadia for the plaintiff. Mr. Nihar N. Desai, plaintiff present in person. Ms. K.G. Parmar for the defendant nos.1 to 4. Ms. Madhuri C. Desai, defendant no.5 present in person. Mr. Vishal Vijay Desai, defendant no.6 present in person. Ms. Malini Vijay Desai, defendant no.7 present in person. ---- CORAM : K.R.SHRIRAM,J DATE : 21st OCTOBER,2016 P.C.:- The counsel for the plaintiff and the defendants state that the parties have finally amicably resolved all their disputes inter se and have entered into consent terms dated 21st October, 2016. The consent terms signed by the plaintiff, defendant nos.1 to 4 and the advocates for the plaintiff and defendant nos.1 to 4 is taken on record and marked 'X' for identification. The counsel for the plaintiff states that defendant nos.5,6 and 7 had not engaged an advocate and the plaintiff is withdrawing the suit as against defendant nos.8 and 9. Therefore, the suit as against defendant nos.8 and 9 is dismissed as withdrawn.

Gauri Gaekwad

2/2 901.S-2138-2009.doc The plaintiff and defendant nos.1 to 7 are present in court. As regards the plaintiff and defendant nos.1 to 7, the advocate for the plaintiff and advocate for the defendant nos.1 to 4 identified their respective clients and also defendant nos.5,6 and 7. The undertakings given in the consent terms are accepted. The suit stands disposed in accordance with the consent terms. Certified copy be expedited. Refund, if any of court fees in accordance with rules.

In view of the above, all interim applications stand disposed and all interim orders stand vacated. (K.R.SHRIRAM,J) Gauri Gaekwad