Final Order 1

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IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100523/2019
Mohammed Yahia Mohd Hassan Vs Sai Mohammed S - O Habibulla And Ors
Date : 03-09-2026
Business 	: Plaintiff present his Adv. absent. Adv. D N Mishra a/w defendant no. 4 present. Vaishnavi
R Chauthe, Clerk, Court Receiver of Bombay High Court present. Mediation report is
received. Hence, matter is kept back for verification. Later on at 4.20 PM. Adv. Poonam
Tiwari for plaintiff present. Adv. Shirish Shigwan for defendant no 2(a) to 2(g) and 9
present. Exh-17 Consent terms. O- Seen and verified. Exh-18 Adv. for plaintiff filed
withdrawal pursis. O- Seen. Following order passed below Exh-17- ORDER 1. The
consent terms at Exh-17 are seen and verified. 2. Necessary order is passed below
Exhibit No.1. Following order passed below Exh-01 ORDER 1. The present Short Cause
Suit No. 8446 of 1998 stands disposed of between plaintiffs and defendant No.4 as
settled in view of Consent terms at Exhibit No.17. 2. The present suit stands disposed of
as withdrawn against defendant Nos.2(a) to 2(g), 3 and 5 to 9. 3.Court fee shall be
refunded to the plaintiffs, as per Rules. 4. The Court Receiver, Honble High Court
Bombay is discharged. 5. The Agreement of agency between Court Receiver, Honble
High Court Bombay and Defendant No.4 is revoked. 6. The Court Receiver, Honble High
Court Bombay shall pay the amount of security deposit to Defendant No.4 and to the
Plaintiffs respectively. 7. The Court Receiver, Honble High Court Bombay shall pay the
amount of royalty after deducting all his legal expenses, costs and charges to all the
respective parties in following proportion - (a) The amount of Royalty falling to the share
of Defendant Nos. 1, 5 to 8 shall be paid to Defendant No.4. (b) The balance amount of
Royalty shall be distributed amongst plaintiff, defendant No.2, 3 and 9, in proportion to
their respective share as per the Partnership Deed. (c) The share of deceased partner
shall be given to his / her legal heir jointly except the share of defendant no. 1, 5 to 8.
8.The Defendant No.4 shall surrender the key of suit premises to the Court Receiver,
Honble High Court Bombay and Court Receiver shall give physical possession of suit
premises to plaintiffs in view of paragraph No.15 of the consent terms. 9. The Court
Receiver, Honble High Court Bombay is directed to hand over all the documents,
accounts, valuable security etc., if any in respect of the suit premises to plaintiffs. 10.
Proceeding of Short Cause Suit No.8446 of 1998 is closed. Adv. for defendant no. 4 has
not pressed both Notice of Motions no 523/19 and 4281/25, hence, disposed off as not
pressed.
Nature of Disposal 	: WITHDRAWL
Disposal Date 	: 03-09-2026
COURT 65 ADDL SESSIONS JUDGE
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