HARSHA RAJESH SHAH Vs. SHANTIKUMAR DHARAMSEY

JUDGEMENT

(1.) Heard Mr. Yogesh Gandhi, learned counsel appearing for the Applicant and Mr. R.D. Vora, learned counsel appearing for the Respondents.

(2.) Both the learned counsel state that the dispute between the parties has been settled in terms of the Consent Terms. Both of them state that Consent Terms have been executed by Mr. Rajesh Ramanlal Shah who is the husband of the Applicant and her Constituted Attorney. He is personally present in the Court. The Consent Terms are signed on behalf of the Respondents by Respondent No.1 - Mr. Shantikumar Dharamsey who is the Managing Trustee of Seth Khatau Morarji and Other Charitable Trust of Purshottam Shamji Charitable Trust. The Respondents are the Trustees of the said Trust.

(3.) By judgment and decree dtd. 5/2/2018 passed by the learned Judge, Small Causes Court, Bombay in R.A.E. Suit No.558/925 of 2011 filed by the Respondent i.e. Trustees of the said Trust against the present Applicant i.e. the Defendant eviction decree was passed inter alia on the ground of arrears of rent. The said decree has been confirmed by the learned Appellate Court. By the Consent Terms, the Applicant has accepted the said eviction decree and as the Applicant is facing certain health issues, the Respondents have agreed to allow her to withdraw the compensation which has been deposited before the Small Causes Court, Bombay along with accrued interest.