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2015 Supreme(Bom) 65

R.D.DHANUKA
Horace Kevin Gonsalves – Appellant
Versus
Prabha Ganpat Borkar – Respondent


Advocates Appeared:
For the Petitioners:Archana Khan, B.M. Chatterjee, Senior Advocate, i/b. Rahul Motkari, Advocates. For the Respondents:R1, S.K. Shinde, i/b. Omkar Nagvekar, Advocates.

JUDGMENT

1. By Writ Petition No.4797 of 2013 filed by the petitioner, the petitioner has impugned the order dated 9th May, 2013 passed in Miscellaneous Application No. 20 of 2012 dismissing the application of the petitioner for staying the consent decree dated 14th September, 2012 and for other reliefs. The petitioner in Writ Petition No. 4797 of 2013 has filed civil application inter alia praying for appointment of the court receiver and for other reliefs in respect of the suit flats. The petitioner in Writ Petition No. 11790 of 2013 has impugned the order dated 17th June, 2013 passed by the trial court in Miscellaneous Application No. 4 of 2013 thereby rejecting the application filed by the petitioner for setting aside the consent terms and decree of consent terms both dated 16th September, 2012 obtained by the respondent Ms.Prabha Ganpat Borkar alias Ms.Prabha Dinesh Kannan. By consent of parties, both the petitions were heard together and are being disposed of by a common order. Some of the relevant facts pertaining to the subject matter of both these writ petitions and civil application are as under :-

2. I shall first summarise the relevant facts in the Writ Petition No.4797 o





































































































































































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