JUDGMENT :

1. This notice of 1motion is taken out by Shri Sankalp Co-operative Housing Society Limited, the defendant and the respondents who claimed to be the members of the defendant society (collectively referred to as ‘the applicants’), to set aside the consent decree passed by this Court on 19th April 1993 and the amendments thereto made by orders dated 28th September 1993, 20th February 1996, 19th December 1996 and 17th February 1999 and the Conveyance of the property of the society executed in favour of the plaintiff in pursuance of the aforesaid consent decree.

2. The genesis of the dispute between the parties is in the works contract, which was entrusted to the plaintiff Time Field Corporation, a partnership firm by the defendant-society, and which resulted in the institution of Suit No.469 of 1978. Thus, to begin with, it would be apposite to note the circumstances in which Suit No. 469 of 1978 came to be instituted and the relief sought therein.

Suit No. 469 of 1978

3. The defendant society came to be registered in the year 1968, under the provisions of the Maharashtra