G.B.PATTANAIK, K.RAMASWAMY
Suvaran Rajaram Bandekar – Appellant
Versus
Narayan R. Bandekar – Respondent
ORDER
Leave granted.
We have heard learned counsel on both sides.
2. These appeals by special leave arise from the order dated December 15, 1995 made in LPA Nos. 155-156/95 by the Bombay High Court. We need not traverse all the details of the litigation. Suffice it to state that we have issued notice primarily on the question of the power of the Court to re-schedule the payment of the amounts under the consent decree. In a consent decree on compromise, Court would be loathe to interfere with the terms thereof by way of modification unless both parties give consent thereto. On the last occasion, when the matter had come up for hearing, Shri T.R. Andhyrujina, learned senior counsel appearing for the respondents, had stated that pursuant to the order passed by the High Court they have complied with the directions. Therefore, by order dated July 22, 1996, we directed the respondents to file an affidavit as regards the dates on which compliance had been made. In pursuance thereof, an affidavit has been filed in which it is stated that all the directions have been complied with and the payments have been made on due dates except the three instalments to be paid in future, viz., first in thi
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