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2007 Supreme(Bom) 891

A.M.KHANWILKAR
Smt. Laxmibai Laxman Medhi and others – Appellant
Versus
Shri Kesarimal Premchand Parmar since deceased through his legal heirs Tijabai Kesarimal Parmar and other – Respondent


P.C.:- By this application, original petitioner seeks recall of the judgment and order dated 19th July, 2002 whereby the writ petition No.530 of 1985 was disposed of on the basis of the consent terms tendered by the parties, duly signed by the parties as well as their advocates. The petitioners want the writ petition to be heard on merits. In substance, the reason for this request, as stated in the application, is that, as per the new development plan applicable to Karjat Municipal Council, the petitioners will not be able to comply with the consent terms. In that, the permission for construction from the Municipal council is not forthcoming. That is also on account of the objections raised on behalf of the respondents and other tenants. In other words, it has become impossible for the petitioners to comply with the obligation stated in the consent terms. Indeed, the petitioners have also stated in the application that acting upon the obligation under the consent terms, the petitioners proceeded to demolish certain part of the premises which was occupied by them and they have also incurred financial liabilities. For all these reasons, according to the petitionersapplicants, the jud







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