Uday D. Nayak And 3 ORS. v. Dattatray D. Nayak And 10 ORS.

*1* 902.nms-76.16.sxw sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.76 OF 2016 IN SUIT NO.803 OF 2014 Rajiv Nayak ...Applicant In the matter between Uday D. Nayak & Ors.

...Plaintiffs V/s.

Dattatray D. Nayak & Ors.

...Defendants ............

Mr. Farhan Dubash a/w M. Fernandes i/b. M/s. Vaish Associates for the Plaintiffs.

Mr. Tejas H. Bhatt a/w Ms. Saloni C. Sathe for Defendant nos.1 to 3. Mr. K. H. Holambe Patil i/b. S. K. Krishnan for Defendant nos.4 to 9. ...........

CORAM : A. K. MENON, J.

DATE : 29TH JANUARY, 2016.

P.C.:

The learned counsel for all the plaintiffs and defendant nos.4, 5 and 6 have arrived at an arrangement for using the suit flat in the manner set out in the Consent Terms dated 29th January, 2016. It is stated across the bar that defendant nos.1 to 3 and 7 to 11 both inclusive do not reside in the subject flat and hence the Consent Terms will not affect them. Accordingly the Consent Terms are taken on record. The parties

*2* 902.nms-76.16.sxw shall abide by this Consent Terms without prejudice to the rights and contentions of the parties to the suit. In view of the same, the Notice of Motion does not survive. Accordingly, the Notice of Motion stands disposed of.

(A. K. MENON, J.) wadhwa