JUDGMENT - LENTIN B., J.: - The learned Chief Justice directs me to dispose of the prayer for interim relief contained in prayer (c) of Misc. Application No. 568 of 1980 (in R.A.R. Suit No. 1247/4477 of 1978) ordered to be treated as a Notice of Motion by my learned brother Sawant.

2. The undisputed albeit vertiginous, sequence of events are as under:-

(A) On 4th September, 1978, R.A.R. Suit No. 1247/4477 of 1978 was filed by L.H. Shah against J.C. Thakkar and his 2 sons in the Court of Small Causes for recovery of a loan against construction amounting to Rs. 2,60,500/- inclusive of interest. On 13th September, 1978, consent terms were filed by the parties wherein it was provided inter alia that a certain property at Hughes Road belonging to J.C. Thakkar was to be conveyed to L.H. Shah (except the ground floor) for Rs. 15 lacs payable in the manner stated in the consent terms. The decree was to operate as a conveyance.

(B) On 24th April, 1980, J.C. Thakkar filed Miscellaneous Application No. 568 of 1980 in the Court of Small Causes in R.A.R. Suit No. 1247/4477 of 1978 for (a) setting aside the consent decree passed on 13th September, 1978, (b) condonation of delay and (c) an interim i

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