RITA DSOUZA Vs. JAY MANGAL KUMAR

JUDGEMENT

(1.) In both the writ petitions decree prepared on 12.05.2000 in Title Suit No.6 of 2000 and the judgment dated 29.06.2013 passed in Misc. Case No.12 of 2002, by which plea taken by the applicant-B.J. Aibara that order dated 29.04.2000 passed in Title Suit No.6 of 2000 has been obtained by playing fraud has been rejected, have been challenged.

(2.) The petitioner in W.P.(C) No.4640 of 2013 M/s Elite Apartments Pvt. Ltd. claims that Mr. B.J. Aibara gifted half share in Holding no.9 & 10 in favour of Rita D'Souza and Sita M. Hiramanek [writ petitioners in W.P.(C) No.5194 of 2013] by two separate registered gift-deeds, both dated 09.05.2000 and it has purchased a piece of land having built up area 3000 sq.ft. in Holding No.9 & 10 from B.J. Aibara, Rita D'Souza, Sita M. Hiramanek and Phiroz Nariman Kutar through registered sale-deed dated 20.03.2002. This property is comprised under the compromise decree. The petitioners in W.P.(C) No.5194 of 2013 have claimed that they have purchased lease-hold rights for 1000 sq.ft. each in Holding No.9 & 10 from M/s Elite Apartments Pvt. Ltd. through two registered sale-deeds, both dated 10.04.2002. Title Suit No.6 of 2000 was instituted by Jay Mangal Kumar for a decree for specific performance of agreement dated 14.06.1999 executed by Mr. B.J. Aibara. The petitioners were not party in the suit. A compromise petition was filed in the suit on the basis of which the suit was decreed vide judgment dated 29.04.2000. This compromise decree was challenged by Mr. B.J. Aibara in Misc. Case No.12 of 2002 on the ground of fraud.

(3.) An objection to maintainability of the writ petition has been raised by the respondent. It is contended that against the decree prepared in Title Suit No.6 of 2000 and the judgment in Misc. Case No.12 of 2002, appeal shall lie under section 96 CPC.