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DEVENDRA KUMAR UPADHYAYA, ARIF S. DOCTOR
Munna R. Puthalappa – Appellant
Versus
Ramesh Harilal Mehta – Respondent
JUDGMENT :
The challenge in the present Appeal is limited to only certain directions contained in the Order dated 22nd December 2023 passed by the Learned Judge while disposing off the captioned Suit pursuant to Consent Terms entered into between the Appellant (the Plaintiff in the Suit) and Respondent Nos.1 and 2 (Defendants in the Suit). The directions by which the Appellant is aggrieved came to be passed at the instance of Respondent No.3 - Society who is admittedly not a party to the captioned Suit.
2. Before adverting to the rival contentions, it is useful to set out the facts, leading to the Impugned Order, which lie within a very narrow compass and are as follows: -
Consent Terms cannot be unilaterally modified by the court at the instance of a non-party, as it undermines the legal rights of the parties involved.
The Competent Authority cannot override binding Consent Decrees, and deemed conveyance granted in violation of such decrees is unsustainable.
An independent suit challenging a consent decree is barred under Order XXIII Rule 3A of the C.P.C. if the allegations of fraud are predominantly about breach/non-compliance of the consent terms/conse....
Mere Letters of Allotment do not confer ownership rights under the Maharashtra Ownership of Flats Act, 1963, and parties may compromise their claims in a Suit without the consent of non-signatory par....
Consent decree is not binding on non-parties to proceedings.
Under Order XXIII Rule 1 of the Code of Civil Procedure, a Plaintiff can abandon the suit or part of the claim against selected Defendants, and the Court can accept a compromise if it is lawful. The ....
A consent decree is valid and binding on the parties only if the consent is given voluntarily and with full knowledge of the implications of the decree.
Point of law : Applicants have been able to make out more than a prima facie case for grant of leave to appeal. The applicants could be said to be prima facie prejudicially affected by the consent de....
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