ASHFORD DEVELOPERS PVT. LTD. Vs. PRAVIN DALPATRAI DESAI

JUDGEMENT

(1.) The learned senior counsel appearing for the Plaintiffs on instructions, restricted the arguments to prayer clauses (a) and (b), which are reproduced as under:

(2.) They are not pressing other prayer clauses i.e. from (c) to (m) at this stage of the Execution. Admittedly, by order dated 8 June 1998 the Suit got disposed of in view of the consent terms. The consent terms was signed by the Plaintiffs and Defendant No.5 only. Other Defendant Nos. 1 to 4 were not present. As averred and as noted from the consent terms there are various reciprocal obligations which were to be complied with by Defendant Nos. 1 to 4 also. There were non compliances as recorded in the averments including the following paragraph Nos. 10 and 11 of the affidavit, which reads as under:

(3.) The original Defendant Nos. 1 to 4 have resisted all the prayers by filing reply and averments so made by the Plaintiffs. It is relevant to note here that the contesting Defendants challenged the consent decree, has attained finality, initially in view of the order passed by the Single Judge, confirmed by the Division Bench on 6 July 2010 and lastly in view of dismissal of the Special Leave Petition dated 25 August 2010. Even otherwise, at this stage, in view of the restricted prayers so made.