Rekha Vijaykumar Rane v. Messers Parshwanath Construction Through Sole Proprietor Mr Virendra Seth And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.7 OF 2021 ALONG WITH INTERIM APPLICATION NO.160 OF 2021 Rekha Vijaykumar Rane .. Plaintiff-Applicant Vs.
Parshwanath Construction and Anr.
.. Defendants Mr. Chetan Kapadia, with Ms. Ayushi Anandpara, i/by Ms. Sapana Rachure, for the Applicant-Plaintiff.
Mr. Pratik Parmar for Defendant No.1.
CORAM : A. K. MENON, J.
DATED : 21 ST APRIL, 2021.
(THROUGH VIDEO CONFERENCE) P.C. :
1.
Called for filing consent terms.
2.
The suit seeks declaration and specific performance of an agreement in relation to the suit flat. The parties have arrived at a settlement. The plaintiff and defendant no.1 are today represented by their respective Advocates. The original consent terms have been filed in this court. They are seen to be signed by the plaintiff and the sole proprietor of defendant no.1. Both these signatories are present on this video conference hearing and are identified by their respective Advocates, who have signed these consent terms dated 3 rd April 2021.
1/2 8-S-7-2021 & IA-160-2021[5433].doc Dixit
3.
On behalf of the plaintiff Mr.Kapadia submits that no relief is being sought against defendant no.2 and the suit may accordingly be disposed as against defendant no.2.
4.
In view thereof, I pass the following order :- (i) Consent Terms dated 3 rd April 2021 signed by the plaintiff and on behalf of defendant no.1 are taken on file and marked "X" for identification.
(ii) Suit is decreed in terms of the consent terms. (iii) In view of the decree in the suit, there being no relief sought against the defendant no.2, the suit against defendant no.2 is dismissed for want of prosecution. (iv) All interim orders, if any, stand vacated.
(v) In view of disposal of the suit, all interim applications, if any, are disposed as infructuous.
(vi) Refund of court fees as per rules.
(A. K. MENON, J.) 2/2 8-S-7-2021 & IA-160-2021[5433].doc Dixit