Maqsood Ali Shaukatakali Khan And 7 ORS. v. Suresh R. Solanki And 4 ORS.

5.s.1119.2012.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O. O. C. J.

SUIT NO. 1119 OF 2012 Mr Maqsood Ali Shaukatali Khan & Ors.

...Plaintiffs vs Mr Suresh Rajmal Solanki & Ors.

...Defendants .....

Mr Haresh J. Lulia for the Plaintiffs Mr P.M.Shah & Mr D. Shah for Defendant Nos.1 and 2. Mr M.P.Vora i/b M/s Pramodkumar & Co. for Defendant No.3. .....

CORAM : B. P. COLABAWALLA, J.

SEPTEMBER 24, 2019.

P.C. :

When this matter is called out, the learned advocates on behalf of the plaintiffs as well as defendant Nos.1 and 2 have tendered the Consent Terms dated 24th September, 2019 on record. As far as defendant Nos.3, 4 and 5 are concerned, the suit is withdrawn against the said defendants. The Consent Terms have been signed by plaintiff Nos.1, 4 and 5 for themselves as well as for plaintiff Nos.3, 6 to 8 through their power of attorney holder - plaintiff No.5. Similarly the Consent Terms are signed by defendant No.1 for himself and as a power of attorney holder of defendant No.2. Their respective advocates have also signed the Consent Terms. The advocates for the plaintiffs as well as the advocates for defendant Nos.1 and 2 have identifed the signatures of their respective clients. The power of attorney authorizing plaintiff No.5 to sign these Consent Terms on Pg 1 of 2

5.s.1119.2012.doc behalf of plaintiff No.3, plaintiff No.6, plaintiff No.7 and plaintiff No.8 are also annexed to the Consent Terms. Similarly, the Power of Attorney authorizing defendant No.1 to sign these Consent Terms on behalf of defendant No.2 is also annexed to the Consent Terms. As far as plaintiff No.2 is concerned, she expired on 22nd December, 2014 leaving behind her only heirs being plaintiff Nos.1 and 3 to 8 respectively.

Plaintiff Nos.1, 4 and 5 as well as defendant No.1 are present in the Court and have stated that they have signed these Consent Terms after understanding what is stated therein and of their own freewill.

In these circumstances, the Consent Terms dated 24th September, 2019 are taken on record and marked "X" for identifcation. 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. It is clarifed that the suit as against defendant Nos.3,4 and 5 stands withdrawn.

(B.P.COLABAWALLA, J.) Pg 2 of 2