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2023 Supreme(Bom) 368

N. J. JAMADAR
Rahul Trading Corporation – Appellant
Versus
Bernard Anthony Pereira – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Induprakash Tripathi i/by C.K.Tripathi
For the Defendant : Mr. Zishan Quazi, Mr. Vikramjeet Garewal i/by K.S. Dubey

ORDER :

1. The Applicants/original Plaintiffs have preferred this application to rectify the typographical mistakes/clerical errors in the name of Defendant No.5 in the cause title and the description of the suit property in the schedule of drawn up Consent Decree dated 28 April 1982 in Suit No.2134 of 1981 in exercise of the powers under Section 152 of the Code of Civil Procedure, 1908 (‘the Code’).

2. The Applicants had instituted suit against Defendant Nos.1 to 13 for a decree of specific performance of agreement for sale dated 27 November 1978, supplemental agreement dated 14 December 1979 and agreement dated 28 March 1980, of all the properties situated at CTS No.419, 419(1-20) and Survey No.474, Hissa No.2 of Malad, Mumbai (‘the suit property).

3. Defendant Nos.1 to 11 entered appearance through Shri Shelke, Advocate. Eventually, on 28 April, 1982 pursuant to the settlement arrived at between the Plaintiffs and Defendant Nos.1 to 13, Consent Terms were executed by the Counsel for the Plaintiffs, Defendant Nos.1 to 11, and Defendant Nos.12 and 13 for and on behalf of the Plaintiffs and Defendants. The Consent Terms, inter alia, provided for a decree in terms of prayer clause (a)

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