SHANTI BUDHIYA VESTA PATEL Vs. NIRMALA JAYPRAKASH TIWARI

JUDGEMENT

(1.) By the above three Civil Applications, the Applicants are seeking recall of my order dated 13th June,2006, which was based on Consent-Terms duly signed by all the parties.

(2.) The brief facts of the case are as follows:

(3.) The aforesaid B.C.C.C.Suit No.5163 of 1999 was dismissed by the City Civil Court at Mumbai and the counter claim filed by the Leela Anant Tambe and M/s.Hitesh Enterprises being counter claim No.11 of 2002 was allowed by an Order and Decree of the City Civil Court dated 11th February,2003. The Plaintiff/Appellant herein thereafter filed First Appeal being No.1389 of 2003 and the said Appeal came for hearing on 29th January,2004 and the said Appeal was admitted and interim stay was granted pending the hearing and final disposal of the Appeal with the direction to the parties who were in possession of the suit land that undertaking should be filed in the Court that they would not create any third party right or interest or part with possession of the said premises which were in their possession. The Court Receiver who was appointed in Appeal from order No.478 of 2001, was also discharged.