1. When the matter was taken up, learned counsel for the parties jointly submitted that the dispute has been amicably settled outside the Court and they requested the Court to dispose of the application as per the Consent Terms dated 07.07.2012 signed by the respective parties. It appears that the learned advocate for the respondent has not signed the Consent Terms. However, it has been by learned advocate for the petitioner. Learned advocate appearing on behalf of Mr. SP Majmudar for the respondent submitted that learned advocate Mr. Mamudar shall sign the consent terms during the course of the day as he is busy in some other Court.
2. On the above assurance, this application is disposed of as per the Consent Terms submitted by the parties, which reads as under;
"The parties herein hereby agree and place on record this consent terms as full and final settlement of their respective claims and defenses in Civil Suit No.2289/2006, Special Civil Application No.3016/2009 and Misc. Civil Application No.2538/2011 in Special Civil Application No.3016/2009 as follows;
1. Applicant (i.e. Sonalben Pravinchandra Patel) agrees to pay Rs.7,50,000/- (Seven Lacs fifty thousand only) to the respondent (i.e. Varshaben wd/o. Bipinchandra Bhikhubhai Nayak) in full and final settlement of her claims in Civil Suit No.2289/2006. Applicant has handed over the Demand Drafts and Cheque of Rs.7,50,000/- (Seven Lacs fifty thousand only) to the respondent's advocate, as mentioned below:-
AMOUNT BANK DD/CH.
NO.
DATE 1,40,000 Allahabad Bank 008284 05.07.12 3,50,000 IDBI Bank 003416 05.07.12 1,78,000 Bank of Baroda 250342 05.07.12 50,000 Bank of Baroda 250343 05.07.12 32,000 Allahabad Bank 011741 11.07.12 7,50,000 TOTAL
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2. The respondent agrees to execute Kabulatnama and Deed of Declaration confirming the sale deed dated 12.07.2006 registered vide No. 7671/2006 before Sub-Registrat, Ahmedabad-2 (Wadaj) in favour of applicant.
3. Upon execution and registration of Kabulatnama and Deed of Declaration, Demand Drafts and Cheque, mentioned in Para-1 of Rs.7,50,000/-, the Advocate for respondent shall handover the Demand Drafts & Cheque to respondent.
4. The respondent further agrees and undertake before this Hon'ble Court not to raise in future any claim, title, right and interest in the suit premises being Flat No.K-203, Abhishek Apartment (Neminath Prabhu Co-operative Housing Society Ltd.) situated in Registration District Ahmedabad, Sub-District Wadaj, Ahmedabad-2, T.P. No.28, F.P. No.833, 834 and 835 paiki ad-measuring 70 sq. yards.
5. The respondent further agrees and undertakes before this Hon'ble Court to indemnify and keep indemnified the applicant against any claim, right, title and interest in the suit premises by any person claiming through or under her or out of her wed-lock with deceased Bipinchandra Bhikhubhai Nayak.
6. That order passed below Exh. 28/29 dated 27.08.2008 in Civil Suit No.2289/2006 and confirmed in Special Civil Application No.3016/2009 be quashed and set aside and the parties declare that they do not have any claim against each other and shall not raise the same in future and if raised, same shall be treated as null and void.
7. Parties to bear their own cost.
8. This consent terms be placed in the records and proceedings of Civil Suit No.2289/2006 pending before Ld. City Civil Court, Ahmedabad for decree being passed in terms of this consent terms."
2. The consent terms are taken on record. Parties to abide by the same.
[K.
S. JHAVERI, J.] Pravin/* Top