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Bombay High CourtS/2289/2010disposed off

Manu Parmanand Melwani v. Kamal Melwani Mahatney And ANR.

2020-03-09Hon'Ble Shri Justice B.P. Colabawalla2 pages

Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT No. 2289 OF 2010 Manu Parmanand Melwani ..Plaintiff.

Vs Kamal Melwani Mahatney & Anr ..Defendants.

Mr. Yashpal M. Jain for the Plaintiff.

Mr. Kayval P. Shah for Defendant No.2.

Manu P. Melwani, Plaintiff is present in Court. Mrs. Kamal Melwani, Defendant No.2 is present in Court. CORAM : B.P. COLABAWALLA, J.

DATED :- 9th March, 2020 P.C. :- 1.

In the present Suit, the Plaintiff and Defendant No.2 are brother and sister. Defendant No.1 was the father of the Plaintiff and Defendant No.2 and who passed away on 27th August, 2013. Defendant No.3 is a Co-operative Housing Society in which the suit flat is situated. Today when this matter is called out, the learned Advocates appearing on behalf of the Plaintiff as well as Defendant No.2 have stated before me that this entire Suit is settled as 1/2 7-S-2289-2010.doc

recorded in the Consent Terms dated 9th March, 2020. The Consent Terms have been signed by the Plaintiff and Defendant No.2 who are both present in Court. They both have stated before me that they have understood the contents of these Consent Terms and have signed them of their own free volition. These Consent Terms are also signed by their respective Advocates.

2.

In these circumstances, the Consent Terms dated 9th March, 2020 are taken on record and marked "X" for identifcation. The undertakings given in the Consent Terms are accepted as undertakings given to the Court.

3.

The suit is disposed of in terms of the Consent Terms. No order as to costs. Refund of Court fees, if any, as per rules. 4.

Considering that the Suit itself is now disposed off in terms of the Consent Terms, all interim orders passed in the Suit shall no longer survive.

(B.P. COLABAWALLA, J.) 2/2 7-S-2289-2010.doc