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1990 Supreme(Bom) 167

H.SURESH
Daxa N. Gandhi & another – Appellant
Versus
Indira Maruti Varadkar & another – Respondent


JUDGMENT - H. SURESH, J.:---This Chamber Summons has been taken out by the defendants in the following circumstances.

2. The plaintiffs filed the above suit for specific performance of an agreement dated 6th April, 1984 executed between the plaintiffs and the defendants for sale of Flat No. 5, situated on the second floor of the Samarath Nagar Tenants Co-operative Housing Society Ltd., Bombay-22, and for certain other reliefs. The defendants had contested the suit. However, during the pendency of the suit, the parties arrived at consent terms. Accordingly, a consent decree was passed in terms of the consent terms on 21st September, 1989. Clause 1 of the consent terms provides for decree in terms of prayers (a)--for declaration that the agreement is valid and subsisting and the defendants are bound and liable to specifically perform the same; (b) for completing the sale and for delivering vacant possession and for doing all other necessary things for the purpose of completion of the sale; and (f) for costs. Clause 2 of the consent terms, which is the relevant clause in this Chamber Summons, is as follows:

"2. In the event of the defendants 1 and 2 paying to the plaintiffs a sum of Rs.



















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