MADHUSUDAN MOHANLAL FUTNANI Vs. VISHANJI DUNGARMAL FUTNANI

JUDGEMENT

(1.) THIS application has been filed by the petitioners for modification and/or clarification of the judgment and/or order dated 23rd september, 2005 delivered by the Division Bench.

(2.) THE facts of the case briefly as follows:-A suit was filed on 28th september, 1983 by Vishanji Dungarmal Futnani against his brothers and other members of the family and various companies and firms, for specific performance of an agreement and/or family arrangement dated 5th July, 1981 and other ancillary reliefs. In the said suit "a terms of settlement" dated 30th December, 2003 was filed and a compromise decree was passed by the Court on 19th January, 2004. Subsequent thereto an application was filed challenging the said decree on 4th February, 2005 whereby the court was pleased to refuse the prayer of the petitioner to recall the said decree dated 19th January, 2004. It is also to be noted that in the said compromise decree the Court was pleased to record a settlement between the parties in the said suit and decreed the suit in terms of compromise dated 30th December, 2003.

(3.) SUBSEQUENT thereto it appears that at the time of drawing up the decree in question the parties brought to the notice of the Court the 'terms of settlement' could not be filed in Court and an application was filed seeking permission from the Court to file the same. By an order dated 10th May, 2005 the First Court was pleased to grant leave to the plaintiff to file such original terms of settlement in the said suit. Thereafter, an application was filed by the appellants before the trial Court for recalling of the said order dated 10th May, 2005 which was refused by the Court after hearing the parties.