IMPORTANT POINT
No separate suit lies to set aside a compromise decree on the ground that it was not lawful.

G.S. Patel, J.—

A. Parties and their Litigations

2. Since there are cross-applications and cross-suits, this is how the parties are arrayed before me. One CVK & Associates, a partnership firm of Chartered Accountants (“CVK”), is the sole Plaintiff in Suit No. 1686 of 2006, filed for specific performance and decreed by consent. The 1st Defendant to that suit is one Shreyas alias Ashok Narayan Pathare (“Pathare”). The 2nd Defendant to CVK’s 2006 suit is Pathare’s sister, and the 3rd Defendant is her husband (“the Shastris”). In its suit, CVK has filed Execution Application (L) No. 141 of 2008. It has filed two Chamber Summonses in that Execution Application. The Sub-Registrar of Assurances (“Sub-Registrar”) is the Respondent to CVK’s Chamber Summons No. 524 of 2010. The Municipal Corporation of Greater Mumbai (“MCGM”) is a Respondent to CVK’s Execution Application and its Chamber Summons No. 613 of 2015. Pathare has filed Suit No. 880 of 2010, to which CVK is the sole Defendant. In that suit, CVK has filed Notice of Motion 3734 of 2011 under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (“CPC”) seeking a rejection of the plaint. In the course of the narrative that follows, there are references to other proceedings, including suits, contempt petitions, writ petitions, appeals and so on. These two suits, and the three applications in them, are the ones before me. I will refer to them in this order as follows:

(a) Suit No. 1686 of 2006: “CVK’s 2006 Suit”;

(b) Suit No. 880 of 2010: “Pathare’s 2010 Suit”;

(c) Execution Application (L) No. 141 of 2008: “CVK’s Execution Application”;

(d) Chamber Summons No. 524 of 2010: “CVK’s 2010 Chamber Summons”;

(e) Notice of Motion No. 3734 of 2011: “CVK’s O7R11 Motion”.

(f) Chamber Summons No. 613 of 2015: “CVK’s 2015 Chamber Summons”;

3. In this order, I propose to dispose of only CVK O7R11 Motion. I have taken up CVK’s 2010 Chamber Summons and CVK’s 2015 Chamber Summons only to pass certain further directions regarding affidavits in each. Neither of those Chamber Summonses are disposed by this order.

4. There is an agreed compilation, and I will be referring to it in the order.

5. Having heard Mr Godbole for CVK and Mr Behramkamdin for Pathare, I am inclined to allow CVK’s O7R11 Motion. My reasons follow.

B. Factual Background

6. The facts are largely undisputed and, indeed, are common to both Chamber Summonses and the Motion. They run like this. On 4th October 2005, Pathare, a promoter of a realty development, accepted an amount of Rs. 3 lakhs as earnest money from CVK for himself and the other co-owners for the sale of Flat Nos. 101, 102 and 103 in a building known as Shreyas at Mogul Lane, Mahim, Mumbai.

7. On 4th February 2006, a Deed of Partition was executed between the various persons named in that document. Compilation, pp. 18 – 33. This is titled as a Partition Deed but seems to have been referred to in the proceedings variously as a Memorandum of Understanding or MoU, and also as a Family Arrangement. I have used the caption or title of the document. Pathare is the second party. The agreement clearly allots Flat Nos. 101, 102 and 103 to the Shastris. The carpet areas of the flats are noted as being 325 sq ft in respect of Flat No. 101 and 992 sq ft for Flat Nos. 102 and 103 together, totalling 1,317 sq ft. The plans of the flats showed a carpet area of 1,317 sq ft.

8. On 16th May 2006, CVK filed Suit No. 1626 of 2006 against Pathare and others for specific performance of the agreement for sale in respect of Flat Nos. 101, 102 and 103, the whole of the first floor. Compilation, pp. 34 – 104. Defendants Nos. 2 and 3 entered written statements. They did not deny the agreement. They also did not deny the correctness of the plans. Pathare filed no written statement at all. 9. There followed a Family Arrangement of 30th October 2007 between Pathare, Sushama Pathare (the mother of Shreyas Pathare and Chhaya Shastri), and the Shastris. Compilation, pp. 122 – 128.

10. On 2