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1994 Supreme(Bom) 115

B.P.SARAF
Deepak Corporation – Appellant
Versus
Pushpa Prahlad Nanderjog – Respondent


JUDGMENT - Dr. B.P. SARAF, J.:---This revision application is directed against the order of 26th April, 1989 of the Bombay City Civil Court in S.C. Suit No. 2603 of 1984 holding that the document described as "consent terms" dated 21 February, 1989 tendered to the Court along with application dated 21 February, 1989 filed by the petitioners for modification of the undertaking given by them under Clause 5 of the earlier consent terms dated 20-12-1984 was liable to be impounded and directing the Registrar to forward the same to the Collector for recovery of the stamp duty and penalty and registration charges.

2. The material facts, briefly stated, are as follows : The respondent, Pushpa Prahlad, had filed a suit against the petitioners for permanent injunction restraining them from interfering with her peaceful use and enjoyment of the suit premises and from taking any steps to dispossess her therefrom except by due process of law. The said suit, which was numbered as S.C. Suit No. 2603 of 1984, was settled between the parties and consent terms dated 20 December, 1984 were filed. By the said consent terms the petitioners (original defendants) agreed and undertook to offer to the resp










































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