MUNNA R. PUTHALAPPA Vs. RAMESH HARILAL MEHTA

JUDGEMENT

(1.) The challenge in the present Appeal is limited to only certain directions contained in the Order dated 22 nd December 2023 passed by the Learned Judge while disposing off the captioned Suit pursuant to Consent Terms entered into between the Appellant (the Plaintiff in the Suit) and Respondent Nos.1 and 2 (Defendants in the Suit). The directions by which the Appellant is aggrieved came to be passed at the instance of Respondent No.3 - Society who is admittedly not a party to the captioned Suit.

(2.) Before adverting to the rival contentions, it is useful to set out the facts, leading to the Impugned Order, which lie within a very narrow compass and are as follows: -

(3.) Mr. Vipul Shah, Learned Counsel appearing on behalf of the Appellant at the outset submitted that the Learned Judge could not have unilaterally varied the Consent Terms which were arrived at between the Appellant and Respondent Nos.1 and 2 and that too at the instance of a third party passed directions against the Appellant, without so much as affording the Appellant to be heard on the same.