Badar Durrez Ahmed, J.

1. This order shall dispose of four applications. is No. 1868/2007 (for stay) and is No. 1869/2007 (for setting aside the compromise decree dated 25.08.2006) have been filed in CS (OS) 2885/1989 on behalf of the defendant No. 2 (Suharsh Mohan Vadhera) [hereinafter referred to as S.M. Vadhera]. The said Mr. S.M. Vadhera is also the plaintiff in CS(OS) 449/2001. In that suit also, similar applications being is 1866/2007 (for stay) and is No. 1867/2007 (for setting aside the compromise decree) have been filed. The compromise decree was passed in both the suits.

2. The learned Counsel appearing on behalf of Mr. S.M. Vadhera, the applicant in these applications stated that a fraud was committed upon him by the other parties inasmuch as the terms of settlement indicated that the plaintiff in CS(OS) 2885/1989 would hand over vacant and peaceful possession of the property in favor of the said Mr. S.M. Vadhera, whereas the said plaintiffs and other defendants were always aware that vacant possession of the ground floor of the property bearing No. 5A/6, Ansari Road, Darya Ganj, New Delhi (hereinafter referred to as the Darya Ganj Property) could not be obtaine