SURESH D SHANGHAVI Vs. MOHASINALI H MERCHANT

JUDGEMENT

(1.) This appeal from order is filed by the original defendant Suresh, D. Sanghavi against the order passed by the City Civil Court, Bombay dated 6th and 7th February, 1980 in Notice of Motion No. 5498 in S.C. Suit No. 6748 of 1979. The defendant Suresh Sanghavi initially filed a suit before this Court on the original side bearing Suit No. 601 of 1972 against the present respondent Mohasinali H. Merchant for possession of the flat bearing No. B-3, ground floor, 47 B. St. Monica Road, Bandra, Bombay. The said suit was initially hotly contested by the defendant Mohasinali H. Merchant. However, ultimately on 28th of January, 1977 the consent terms were drawn and the consent decree was passed in terms of the consent terms on 5th of November, 1979, which read as under :---

(2.) The prayer Clauses (a) and (c) in terms of which the decree was passed by the High Court read as under :---

(3.) It appears from the record that thereafter Shri Sanghavi as per Clause (3) of the consent terms offered to pay Rs. 75,000/- to Shri Merchant. However, he refused to accept the same and instead filed the present suit before the City Civil Court challenging the said decree itself. In para 9 Shri Merchant challenged the said decree by contending that it is not binding on him nor it is enforceable on the following ground :