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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

SUIT NO.2354 OF 2005

Sangita w/o. Ashok Yadav .. Plaintiff

Versus

Pushpa w/o. Ajay Yadav & Anr. .. Defendants

Mr.L.K.Tripathi for plaintiff

Mr.R.C.Kaushik for defendant Nos. 1, 2, 3 and 5

Mr.M.U.Pandey for defendant No.4.

CORAM : S.C.DHARMADHIKARI, J.

DATE : 28th March 2006

P.C.

. Learned Advocate appearing for plaintiff

tenders draft amendment. By these daft

amendments, by consent of parties, the plaint and

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proceedings are amended to implead one Ritadevi

Dharmendra Yadav as defendant No.5 to this suit.

Amendments as per schedule tendered are taken on

record and marked "X" for identification.

Amendments to be carried out within a period of

one week.

2. In a suit which is filed by the plaintiff

for a declaration that she has 1/4th share in the

property (Exh.A) and that said share be provided

by partitioning the suit property by metes and

bounds. Parties have arrived at consent terms.

The consent terms are signed by even the newly

added defendants. Some of them have signed the

terms after the same were explained to them in

Hindi. All parties are present in Court. Now

they are agreed that plaintiff and defendant Nos.

1 to 3 each have a share in the suit propety

being the heirs and legal representatives of the

deceased and further, each one of them have

agreed to the property being alienated in favour

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of defendant No.4. By consent, it is agreed that

in lieu of Shop which is to be provided to

defendant No.5, she would take cash compensation

and surrender her right, title and interest

therein. Defendant No.4 has agreed to pay to

plaintiff and defendant Nos. 1 to 3 the amounts

as per their shares and that agreement to that

effect is recorded in Clause 8. The payment

details are also recorded therein. It is not

disputed that the payment has been made. Consent

terms incorporating the above dated 28th March

2006 taken on record and marked as "Y" for

identification. Order in terms of consent terms.

All concerned to act on authenticated copy of

this order. Suit disposed of. Refund of Court

fees as per rules.

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(S.C.Dharmadhikari, J)