Titus Anthony Govria v. Muriben Lalchand Kothadri And ORS.

917-CHS1360-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1360 OF 2016 IN SUIT NO. 592 OF 1985 Titus Anthony Govria ...Plaintiff

Versus

Muriben Lalchand Kothadri & Ors ...Defendants Mr Amrut Joshi, with Ms Ruchita Upadhyay, i/b VS Jog & Co, for the Applicant/original Defendant No. 13.

CORAM: G.S. PATEL, J DATED:

24th January 2017 PC:- 1.

The Suit was disposed of by an order dated 18th October 2005 when Consent Terms were tendered and taken on record. The Consent Terms were then modified on 17th March 2006 when modified Consent Terms were tendered and the Suit was finally disposed of.

2.

The present Chamber Summons is filed by the original 13th Defendant who seeks to have the decree drawn up. The 13th Defendant is having difficulty in serving the other Defendants and 24th January 2017

917-CHS1360-16.DOC other parties to this Chamber Summons. There is no dispute as between any of the parties in regard to the Consent Terms. 3.

This entire exercise is unnecessary. I will simply dispense with the drawn up decree under orders dated 18th October 2005, 17th March 2006 and the modified Consent Terms. 4.

However, should the Applicant (13th Defendant) require a drawn up decree for any purposes they will be entitled to apply on the basis of an authenticated copy of this order. The Decree Department will issue a drawn up decree of this order as also of the orders dated 18th October 2005, 17th March 2006 and the modified Consent Terms.

5.

The Chamber Summons is disposed of in these terms with no order as to costs.

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 24th January 2017