SURESH ENTERPRISES Vs. CHAMPABEN C ASHAR

JUDGEMENT

(1.) The Suit is filed by the Plaintiffs who are the developers of the property of the Defendants for declaration that they have a right to sell and dispose of 45% of the constructed area as per the Development Agreement dated 22nd December, 1987, ExhibitB to the Plaint, and for a further declaration that the Defendants had no right to prevent them from carrying out the construction and development of their property and ancillary injunctions in that regard. The suit came to be filed on 26th December, 2000. The parties enter into Consent Terms on 15th January, 2001, ExhibitA to this Chamber Summons.

(2.) Under the Consent Terms both parties set out their reciprocal promises, obligations and conditions upon which they would obtain certain rights with regard to the property to be developed.

(3.) The Plaintiffs seek to execute the said Consent Terms in this Chamber Summons, which has been taken out in July, 2006.