IMPORTANT POINT
No appeal lies from a consent decree.

JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) These appeals are directed against the final judgment and orders dated 03.03.2009 and 28.08.2009 of the Division Bench of the High Court of Karnataka at Bangalore in R.F.A. No. 52 of 2000 and Misc. Civil No. 13474 of 2009 in R.F.A. No. 52 of 2000 respectively whereby the High Court disposed of the appeal and dismissed the application.

3) Brief facts:

(a) The property in question originally belonged to one C.S. Abdul Momin Sheriff and he died leaving behind his wife Hajiba Tabsasum and Defendant Nos. 1, 2 and 4 (sons), Defendant Nos. 5 to 7 (daughters) and Defendant No. 3, who is the son of Late Ismail Sheriff, son of Abdul Momin Shariff. After his demise, each of the surviving sons succeeded to an extent of 2/11th share and each of the daughters succeeded to 1/11th share in the property. As the division in the scheduled property was impractical, Defendant Nos. 1, 2 and 4 to 7 desired to sell the schedule property and to distribute sale proceeds between them. On 02.05.1988, they agreed to sell the property to one Vimaleshwar Nagappa Shet-plaintiff (appellant herein) for a consideration of Rs.3,10,000/-, executed agreement of sale and received advance consideration of Rs.10,000/-. Subsequently, on 06.05.1988, the wife of C.S Abdul Momin Sheriff died.

(b) Till 15.06.1989, the plaintiff paid a sum of Rs.1,53,000/-, in all, on various dates. As the defendants did not execute the sale deed, the plaintiff filed a suit for specific performance being O.S. No. 91 of 1991 in the Court of the Civil Judge at Chikmangalur. By order dated 01.10.1999, the trial Court decreed the suit in favour of the plaintiff and directed the defendants to execute the sale deed in terms of agreement of sale dated 02.05.1988. Aggrieved by the said judgment and decree of the trial Court, Defendant Nos. 2, 3 and 7 filed appeal being R.F.A. No. 52 of 2000 before the High Court of Karnataka at Bangalore.

(c) The High Court taking into account the submission of the counsel for the appellants and respondents, fixed the market value of property at Rs.300/- per sq. ft. The total area of property is 4,655 sq. ft. (48' x 90'), therefore, the total market value of property would be Rs.13,96,500/-. The High Court, by its judgment dated 03.03.2009, while holding that as Defendant No.3 was not a party to the agreement and he proposes to purchase the 9/11th share by paying value to the plaintiff and the value of 9/11th share would be Rs. 11,42,590/- and the counsel for the plaintiff on the instruction from the plaintiff agreed to the said proposal on the condition that Defendant No.3 would pay the said amount within three months, in default, the plaintiff would be entitled to the relief of specific performance disposed of the appeal directing defendant Nos. 1,2 and 4 to 7 to execute the sale deed of their share to the extent of 9/11 area in the suit property by making convenient division of the property.

(d) Thereafter, an application being Misc. Civil No 13474 of 2009 in R.F.A. No. 52 of 2000 was filed for deleting some words from the judgment and the same was dismissed. Challenging the judgment of the High Court in appeal and the order made in the application, the appellant-plaintiff has filed these appeals by way of special leave petitions before this Court.

4) Heard Mr. S.N. Bhat, learned counsel for the appellant and Mr. P.P. Rao, learned senior counsel for the respondents.

5) It is not in dispute that the property in question belonged to Abdul Momin Sheriff. After his death, each of the surviving sons succeeded to an extent of 2/11th share and each of the daughters succeeded to 1/11th share. It is also not in dispute that the agreement of sale was executed only by Defendant Nos. 1, 2 and 4 to 7. The total share of Defendant Nos. 1, 2 and 4 to 7 is 9/11 and the share of the Defendant No. 3 who did not join the execution of agreement of sale would be 2/11. Inasmuch as the Defendant No. 3 was not a party to the agreement,