Jyotsna Rajvilas Gadkari And 2 ORS v. Sanjona Builders And 3 ORS

K.S. Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4730 OF 2022 IN SUIT NO.354 OF 2022 Jyotsna Rajvilas Gadkari & Ors.

...Applicants/Plaintiffs

Versus

Sanjona Builders & Ors.

...Defendants ---------- Mr. Bharat Jain i/b I C Legal, Advocate for Applicants/Plaintiffs. Mr. Tushar V. Dahibawkar i/b. M/s. Dahibawkar & Co., Advocate for Defendant Nos.1 to 3.

---------- CORAM :R.I. CHAGLA J.

DATE :10TH APRIL, 2023.

ORDER :

1.

The parties have settled their dispute and Consent Terms dated 6th April, 2023 are tendered and taken on record and marked 'X-1' for identification. The Minutes of Order dated 6th April, 2023 has been signed by the Plaintiffs and the Defendants and their respective Advocates are also tendered and taken on record and marked 'X'.

2.

The presence of the parties to the Consent Terms has been 1/3

dispensed with by order dated 6th April, 2023. 3.

This order is passed in terms of the Minutes of Order. 4.

The Suit is disposed of and decreed in terms of the Consent Terms.

5.

The Interim Application No.4730 of 2022 does not survive and is accordingly disposed of.

6.

The interim order dated 13th September, 2022 which has been extended from time to time, stands vacated. 7.

Drawn up decree/order is dispensed with unless the parties seek drawn up decree/order, in which case they are entitled to apply. 8.

A soft copy of the Consent Terms will be uploaded as the second order in the matter.

9.

The Registry is to ensure that the hard copy of the signed Consent Terms is permanently retained on file as part of the record and is not sent for destruction in the ordinary course. 10.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and 2/3

the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. [ R.I. CHAGLA J. ] 3/3