Bindyavasinidevi Shivratri Singh vs. Adarsh Developers

In the High Court of Judicature at Bombay. Ordinary Original Civil Jurisdiction.

SUIT NO. 224 OF 2009

Bindyavashindevi Shivratri Singh & Ors. ..Plaintiffs. v/s. M/s Adarsh Developers & Anr. ..Defendants.

A.C. Singh i/b D. R. Shah for plaintiffs. Sanjeev Singh for deft. no.1 I. M. Vohra for deft. no.2.

CORAM : S.C.DHARMADHIKARNI, J. DATE : 30th November 2009.

P. C. :

1. The dispute between the family members has been resolved. It is stated that the suit claim pertains to agreement dated 10/8/2005 (Exhibit B & C). These are for development of the suit properties more particularly described in the plaint and together with other rights. It is stated that the agreements are valid and subsisting and binding on the first defendant. Second Defendant is also a member of the family but has been impleaded as such as he was not agreeable to sign the pleadings at the time of institution of the suit.

2. Parties are now substituting the arrangement as between themselves and the first defendant by stipulations in the consent terms. It is stated that the amounts which are agreed to be paid by the first defendant to the plaintiff shall be paid as stated in the consent terms. No amount is due and payable to the plaintiff no.5 who is present in Court. He states that he has relinquished his right, title and interest in the property willingly and no amount be paid to him. In view of the consideration mentioned in the agreement, the first defendant has acquired right title and interest of the plaintiff and the second defendant in the suit property and more particularly described as suit land no.1. There are agreements with regard to suit land no.2 and they are also recorded.

3. In the light of these agreements the claim for specific performance does not survive. The agreements thus come to an end in the light of the clauses in the consent terms. Consent terms are signed by the plaintiff and their advocates. They are signed by both the defendants. Each of the parties has been duly explained the terms with their implications and consequences. They agree to the same being taken on record. It is stated that the terms fully record the arrangement arrived at by them. The terms are reduced in writing after prolonged discussions. In these circumstances I am satisfied that the plaintiff's claim has been settled in accordance with the agreement reached by the parties. There is no impediment in law in taking the consent terms on record and passing a decree in furtherance thereof. Accordingly consent terms are taken on record and marked "X" for identification.

4. In the presence of the parties and their advocates a decree is passed in terms of the consent terms. Refund of Court fees as per rules. Undertakings given by the parties are accepted. All interim applications are disposed of in the light of the consent terms.

(S. C. Dharmadhikari, J.)