Bombay High CourtS/2520/2008consent term

Chandulal P. Patel And ANR. v. Jaywant Harishchandra Thakur And 8 ORS.

2017-06-23Hon'Ble Shri Justice K.R. Shriram3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2520 OF 2008 WITH CHAMBER SUMMONS NO.175 OF 2017 CHAMBER SUMMONS NO.177 OF 2017 Chandulal P.Patel and Anr.

....Plaintiffs V/s.

Jaywant Harischandra Thakur & Ors.

....Defendants ---- Mr.Rajesh Datar for plaintiffs.

[Ms.Champaben Chandulal Patel-plaintiff no.1(a), Mr.Dushyant Chandulal Patel-plaintiff no.1(b), Mr.Anil Chandulal Patel-plaintiff no.1(c) and 2 are present in Court] Mr.Ajay S.Patil for defendant nos.1(a) to (c), 2 to 5. Mr.Amol P.Mhatre for defendant nos.6 & 7.

Mr.Dushyant S.Pagare for defendant no.8.

Mr.Sagar Joshi for defendant no.9.

[Mr.Manharlal B.Mehta-CA of defendant nos.1(a) to 1(c) ;Mr.Narendra H.Thakur-defendant no.2 ; Mr.Pravin H.Thakurdefendant no.3 ; Mr.Vijay H.Thakur-defendant no.4 ; Ms.Malati Amol Patil-defendant no.5 ; Ms.Ashwini Anandkumar Patil-defendant no.6 and Mr.Manharlal B.Mehta-CA of defendant no.7 ; Mr.Arvindbhai K.Shah-defendant no.8 and Mr.Pankaj Kumar-Proprietor of defendant no.9 are present] ---- CORAM : K.R.SHRIRAM,J DATE : 23.6.2017 P.C.:- The parties have entered into consent terms dated 23.6.2017. Mr.Datar appearing for plaintiffs states that there are 2 pending Chamber summons bearing Nos.175 of 2017 and 177 of

2017 to bring on record legal heirs of plaintiff no.1 and defendant no.1, respectively. Paragraph-1 of the consent terms provides that both the Chamber summons to bring on record the legal heirs of plaintiff no.1 and defendant no.1 be allowed. Therefore, both the Chamber summons are allowed. Amendments to be carried out forthwith. Both Chamber summons disposed accordingly.

Consent terms dated 23.6.2017 signed by plaintiff nos.1(a), 1(b), 1(c), plaintiff no.2, defendant no.1(a), 1(b), 1(c) through their Constituted Attorney, defendant nos.2, 3, 4, 5, 6, defendant no.7 through Constituted Attorney, defendant no.8 & defendant no.9 through his sole Proprietor Pankaj Kumar and the advocates for the plaintiff, defendant nos.1(a) to 1(c), 2 to 5, defendant nos.6 & 7, defendant no.8 & defendant no.9, is taken on record and marked `X' for identification.

The advocates confirm that each of the signatory is present in Court and also identify each one of them. Order in terms of the Consent terms. All statements in the consent terms are accepted as undertakings. So also the undertakings are accepted.

Suit decreed in terms of the consent terms. Refund of court fees, if any, in accordance with Rules. All parties to act on an authenticated copy of this order. (K.R.SHRIRAM,J)