SHANTILAL KHUSHALDAS & BROTHERS PRIVATE LIMITED Vs. RAGHUVIR R PAINGUINCAR ALIAS RAGHUVIR RAJARAM PAINGANKAR ; SHAKUNTALA RAGHUVIR PAINGANKAR

JUDGEMENT

(1.) The petitioner M/s Shantilal Khushaldas and Brother Private Limited have filed this application seeking

(2.) The Petitoners are braising contractors, operating large mining concession in area 25, bearing Title No. 52 of 1951, owned by the respondents. Civil Suit No.10 of 1985 was filed by the respondents seeking a decree for recovery of possession of the said mine and also a decree restraining the petitioners from carrying the mining operations therein. The said civil suit was filed in the Court of Civil Judge, Senior Division, Quepem, but it came to be transferred to the Court of Civil Judge, Senior Division, Margao, since the Presiding Judge had declined to hear the matter. Upon transfer of the suit to the Court at Margao, the civil suit was re-registered as Special Civil Suit No. 18/87-A. The said suit was finally disposed of by a decree in consent terms signed between the parties on 15.7.1987. The relevant consent terms are reproduced below.

(3.) Soon after the consent decree was passed, the respondents filed two Special Civil Suits bearing No.265 of 1988 and 271 of 1988, in the Court of Civil Judge, Senior Division, Margao. In Special Civil Suit No.265 of 1988, the petitioner claimed a decree for return of shovel in working condition besides a decree for money claim for compensation and damages against the individual Shri Anil Vasudeo Salagaokar. In other Special Civil Suit No. 271 of 1988, the respondents claimed a decree for return of barge as well as its hire charges also from the same individual Shri Anil Vasudeo Salgaokar. In both the civil suits consent term No.4, as reproduced above, has been referred to in the respective claims. The allegation in respect of flouting of the said term is also made by the respondents therein. It was alleged that no sincere and genuine attempts were made to settle the matter amicably. Even the cause of action was partly based on the consent terms in both the suits.