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SANJAY DWIVEDI
Colonel Ali – Appellant
Versus
Fusions Infraestate Pvt. Ltd. – Respondent
ORDER :
This MCC has been filed by the applicant under Order 9 Rule 13 and Sections 151 and 152 of the Code of Civil Procedure asking relief therein to set aside the order passed on 22.06.2018 in Review Petition No. 913/2018 and the decree drawn in pursuance to the order dated 22.06.2018 be also set aside.
2. The facts adumbrated in nutshell are that non-applicant Nos. 1 and 2 entered into an agreement on 24.12.2013 to sell the land belonging to Kh. No. 244, 240/2, 243/1 and 244/1 situated at Patwari Halka No. 11 of Village Jharkhera, Tehsil and District Sehore, total area measuring 11.20 acres. The non-applicant No. 3, on the basis of power of attorney of non-applicant No. 2 (Smt. Jyoti Goyal) executed the sale deed for sale of 3.25 acres of land on 15.07.2014 in favour of non-applicant No.1.
3. A civil suit was filed by non-applicant No.1 for specific performance of agreement entered into between the parties and after filing the civil suit, on the basis of an application for amendment, the nomenclature of the plaintiff was changed.
4. An application under Order 7 Rule 11 of CPC was filed by the non-applicant No. 3 namely, Bilal Hussain for rejecting the plaint and vide order dated 02
An appeal against a decree based on disputed consent terms is maintainable under Section 96 of the CPC, bypassing the restrictions applied to true consent decrees.
The court reinforced that obstruction claims in execution proceedings must be heard to uphold rights, ensuring adherence to natural justice principles.
An appeal against a consent decree is barred under Section 96(3) of the CPC; aggrieved parties must contest the decree's validity in the same court that issued it.
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