JUDGMENT

1. Heard learned Counsel for the parties. The interim application seeks to set aside consent terms dated 26 October 2020 filed in the present suit. The suit was between the Plaintiff, a developer, and Defendant Nos. 1 and 2, who, at the relevant time, were executors of the last will and testament of Sir Mohd. Yusuf Khot, who was the owner/lessee in respect of various portions of the suit property. The suit sought a decree of specific performance of an agreement for sale dated 16 August 2005, read with two powers of attorney dated 6 September 2005 and 15 November 2005. The agreement for sale proposed transfer of lands described in the plaint to the Plaintiff, which lands formed part of the estate of Sir Mohd. Yusuf Khot, by the executors. In the alternative to specific performance, the Plaintiff sought a money decree in the sum of over Rs.100 crores, being damages in lieu of specific performance. The present compromise was arrived at after impleading Defendant Nos. 3, 4, 5 and 6 as newly added defendants to the suit. The compromise decree authorises development of the suit property inter alia in performance of the agreement for sale.

2. In these facts, the present interim ap