JUDGMENT - MOHITE R.S., J.:---By this appeal the appellants, (hereinafter referred to as the "Plaintiff's Assignees") seek to quash and set aside the judgment Order dated 11-3-1999 passed by a learned Single Judge of this Court on Chamber Summons No. 1758 of 1997 taken out by the original defendants in Suit No. 771 of 1976. By the impugned judgment order, the Chamber summons had been made absolute in terms of prayer Clauses (a), (b) and (c) which are as under :--

(a) That this Honourable Court be pleased to discharge the Court Receiver, High Court, Mumbai, who has been appointed Receiver of the properties bearing plot No. 159 and 169 more particularly described in Exhibit "E" to the plaint since the Consent Decree dated 9-1-80 has become unexecutable being barred by law of limitation and that the Court Receiver be directed to hand over possession of the said properties to the defendants after removal of all the encroachment and illegal construction on the said properties:

(b) That the plaintiffs assignees be directed to refund to the defendants the amount of Rs. 7,56,000/- or in the alternative, the Consent Decree dated 9-1-80 may be marked fully satisfied and the Decree holder

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