IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

APPEAL FROM ORDER NO. 538 OF 2017 WITH CIVIL APPLICATION NO. 690 OF 2017 IN A.O.NO. 538 OF 2017

Jayesh Sanjiva Kini … Appellant/Applicant

Vs. Jagadusha Nagar 'Avadhut' Co-op.

Housing Society Ltd. & Ors. ... Respondents

APPEAL FROM ORDER (ST.) NO. 22785 OF 2017 WITH CIVIL APPLICATION (ST.) NO. 22787 OF 2017

Kumar Housing Corporation Pvt. Ltd. … Appellant/Applicant Vs.

Jayesh Sanjiva Kini & Ors. ... Respondents

Mr. J.S. Kini i/b. Mr. Suresh Dubey, Advocate for the appellants/applicants in A.O. No. 538 of 2017.

Mr. Mukesh Gupta i/b. Solicis Lex, Advocate for respondent no. 1 in A.O. 538 of 2017 and respondent no. 2 in AO(ST.) 22785/2017.

Ms. Sayli Apte h/f. Mr. P.G. Lad a/w. Ms. Bhavana Umredkar i/b. Udwadia & Co., Advocate for respondent nos. 2 and 3 in AO/538 of 2017 and for the appellant in AO(ST.) No. 22785 of 2017.

CORAM: MRS.MRIDULA BHATKAR, J. DATE: 27th September, 2017.

P.C.:

The learned counsel the appellant, respondent nos. 2 and respondent no. 3 in Appeal from Order No. 538 of 2017 submit that the consent terms are agreed between the appellant, i.e. flat purchaser, respondent No. 2/builder and respondent No. 3/Director of respondent No. 2. The learned counsel for the appellant, respondent nos. 2 and 3 submit that no relief is sought against respondent No. 1/Society. Therefore, this consent terms is to be taken on record and the Appeal can be disposed of as per the consent terms.

2. The consent terms is signed by the appellant, respondent No. 2, respondent No. 3 and their respective counsel. The undertaking mentioned in the consent terms is accepted. The consent terms is taken on record and marked as Exhibit 1. Decree to be drawn as per the terms and conditions of the consent terms.

3. Appeal from Order No. 538 of 2017 is disposed of. Civil Application is also accordingly disposed of.

4. The builder/Kumar Housing Corporation Pvt. Ltd. has filed separate Appeal bearing St. No. 22785 of 2017 against the judgment and order dated 10th July, 2017 passed by the learned Judge of the City Civil Court, Mumbai.

5. In view of the consent terms filed in Appeal from Order No. 538 of 2017, Appeal from Order (St.) No. 22785 of 2017 filed by the appellant/builder is also disposed of. The trial Court to decree the suit in terms of the consent terms.

6. Civil Application (St.) No. 22787 of 2017 is also accordingly disposed of.

(MRIDULA BHATKAR, J.)