JUDGMENT - C.S. DHARMADHIKARI, J.:---This appeal from order is filed by the original defendant Suresh, D. Sanghavi against the order passed by the City Civil Court, Bombay dated 6th and 7th February, 1980 in Notice of Motion No. 5498 in S.C. Suit No. 6748 of 1979. The defendant Suresh Sanghavi initially filed a suit before this Court on the original side bearing Suit No. 601 of 1972 against the present respondent Mohasinali H. Merchant for possession of the flat bearing No. B-3, ground floor, 47 B. St. Monica Road, Bandra, Bombay. The said suit was initially hotly contested by the defendant Mohasinali H. Merchant. However, ultimately on 28th of January, 1977 the consent terms were drawn and the consent decree was passed in terms of the consent terms on 5th of November, 1979, which read as under :---

"Decree in terms of prayers (a) and (b)

2) The defendant declares and undertakes to this Honble Court that except himself and his wife Mesuris and children, there are no other persons in the suit flat and that he will not allow any person or persons other than the aforesaid persons to use, occupy and remain in the suit flat until he vacates and hands over, quiet, vacant and peaceful posse

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