902-WP5977-2025.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5977 OF 2025 Chamunda Builders And Developers ...Petitioner Versus Moss Realtors Pvt Ltd …Respondent Smt. Sunita Dube, i/by Nutan Moily, for the Petitioner. Mr. Jeet Gandhi, for the Respondent. CORAM: N. J. JAMADAR, J. DATED: 20th AUGUST, 2026 PC:- 1. Heard the learned Counsel for the parties. 2. The learned Counsel for the parties submit that the parties had filed the Consent Terms before the trial Court. However, by the impugned order, the learned Judge, City Civil Court, directed that in accordance with the terms of compromise, the parties shall pay the court-fees as the suit was initially filed for declaratory reliefs only. 3. The parties seek leave to file the Consent Terms in this Court. Leave granted. 1/3 SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2026.08.31 19:50:24 +0530 902-WP5977-2025.DOC 4. Mr. Sameer Bharadhwaj, the authorized representative of the Petitioner and Mr. Rahul Purohit, the authorized representative of Moss Realtors Pvt Ltd. - Respondent are present before the Court. They admit the contents of the Consent Terms and execution thereof. They submit that they have voluntarily executed Consent Terms and there is no coercion or duress. The Petitioner and Respondent are identified by their respective Counsel. 5. Upon being specifically inquired, the Petitioner and Respondent admit that they are agreeable to the resolution of the dispute in accordance with the Consent Terms. It seems that the Petitioner and Respondent have decided to resolve all the issues and a comprehensive settlement has been arrived at between the parties. 6. The Consent Terms are taken on record and marked ‘X’. 7. Since the trial Court has raised the issue of liability of the parties to pay the court-fees, it would be necessary to implead the State Government as a party respondent to this petition. 8. The Petitioner shall carry out the necessary amendment in the petition within one week from the date of uploading of this order. 2/3 902-WP5977-2025.DOC 9. Issue notice to the State Government through the Government Pleader, Writ Cell, returnable on 28th September, 2026. 10. In addition to notice through Court, the Petitioner shall serve the State Government by private service and file an affidavit of service. 11. Stand over to 28th September, 2026. [N. J. JAMADAR, J.] 3/3