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 may be ordered to refund a sum of Rs. 4,35,984/- to over and above of the decretal the defendants being the amount paid in excess dues:

(c) That this Honourable Court be pleased to direct the plaintiffs assignees Nominee to hand the over to the defendants the title deeds of properties bearing Plot Nos. 159 and 169 more particularly described in Exh. "E" to the plaint."

2. The brief relevant facts of the case are as under :--

(a) In 1976 the Industrial Credit Development Syndicate Limited (hereinafter referred to as the "plaintiff" filed a suit against one Khanderao Ramrao Shivalkar and 15 other members of his family (hereinafter referred to as the "defendants") for recovery of Rs. 19,56,215.35/-.

(b) On 9-1-1980 a Consent decree came to be passed between the plaintiff and defendants in the said suit. The Consent decree was passed in terms of the consent terms duly singed by the Advocates on behalf of the parties. The relevant clauses with which we are concerned are Clauses 1 to 7 of the said Consent terms dated 9-12-1979, which were in the following terms:--

(1) Decree on Admission in the terms of prayers (a), (b), (c), (d), (e), (f), and (g), (i) of the plaint.

(2) Order and Decree that in the event of the defendants paying a sum of Rs. 16,48,571.06 Ps. (Rupees Sixteen Lakhs Forty Eight Thousand Five Hundred Seventy One and Six Paise Only) together with interest at the rate of 15% per annum on Rs. 8,00,000/- from 19th December, 1979 on or before the 30th of June, 1981 in the instalments that even the plaintiffs do mark the decree as fully satisfied.

(3) Ordered and decreed that the defendants do jointly and severally pay to the plaintiffs the sum of Rs. 16,48,571.06 paise (Rupees Sixteen Lakhs Forty Eight Thousand Five Hundred Seventy One and Six Paise Only) together with interest at the rate of 15% per annum on Rs. 8,00,000/- till the entire decretal amount paid off in fully in the following instalments :

(a) A sum of Rs. 4,00,000/- (Rupees Four Lakhs Only) forthwith on the passing of the Consent Decree as per these Consent Terms:

(b) A further sum of Rs. 4,50,000/- (Rupees Four Lakhs Fifty Thousand only) on or before the 30th April, 1980;

(c) A further sum of Rs. 5,00,000/- (Rupees Five Lakhs only) on or before 30th December, 1980;

(d) And the remaining entire balance of the decretal amount together with interest as aforesaid on or before the 30th June, 1981;

(4) The defendants do pay to the plaintiffs quantified costs upto today carrying out this decree fixed at Rs. 30,000/- forthwith on the signing of these consent terms.

(5) Ordered and decreed that in the event of default by the defendants in payment of any one of the instalments mentioned in Clause No. 3 hereinabove on or before the respective dates for payment thereof the entire decretal amount as pray

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