1. By Writ Petition No.4797 of 2013 filed by the petitioner, the petitioner has impugned the order dated 9th May, 2013 passed in Miscellaneous Application No. 20 of 2012 dismissing the application of the petitioner for staying the consent decree dated 14th September, 2012 and for other reliefs. The petitioner in Writ Petition No. 4797 of 2013 has filed civil application inter alia praying for appointment of the court receiver and for other reliefs in respect of the suit flats. The petitioner in Writ Petition No. 11790 of 2013 has impugned the order dated 17th June, 2013 passed by the trial court in Miscellaneous Application No. 4 of 2013 thereby rejecting the application filed by the petitioner for setting aside the consent terms and decree of consent terms both dated 16th September, 2012 obtained by the respondent Ms.Prabha Ganpat Borkar alias Ms.Prabha Dinesh Kannan. By consent of parties, both the petitions were heard together and are being disposed of by a common order. Some of the relevant facts pertaining to the subject matter of both these writ petitions and civil application are as under :-

2. I shall first summarise the relevant facts in the Writ Petition No.4797 of 2013. M/s. Drego Enterprises which was a registered partnership firm and which is the petitioner in Writ Petition No.11790 of 2013 constructed a building Flushel Apartment in the year 1973 consisting of ground plus 7 floors with total 14 flats, two flats on each floor. In the year 1975, Flushel Premises Co-op. Society Ltd. was formed. Out of the 14 floors, the said M/s. Drego Enterprises had sold 12 flats save and except two flats on 7th floor which were retained to distribute and appropriate to its family members/property owners. It is the case of the petitioner that 1974 onwards all outgoings, electric bills, society bills, taxes were paid by the Drego family till the sale of the two flats and thereafter by the petitioner. By registered agreement for sale, the partners of Drego Enterprises conveyed the said two flats (hereinafter referred to as the suit premises) in favour of the petitioner and his sister on 16th November, 2006. It is the case of the petitioner that since November 2002 one of the partner of the said M/s. Drego Enterprises viz. Mr. Peter Drego went missing on his way to court at Goa. During the period between 2003 and 2006 various FIR's were registered against the ex-peon of the said firm Mr. Shamsuddin Kasamali Qureshi for forging documents, fabricating a forged power of attorney of Mr. Peter Drego and making forcible entry through front persons, to misappropriate valuable properties of the Drego family.

3. On 16th November, 2006 wife of the said Mr. Peter Drego who was one of the partner of the said M/s. Drego Enterprises entered into agreement for sale with the petitioner in respect of the said suit premises on the terms and conditions recorded in the said agreement. The said agreement for sale was registered. It is the case of the petitioner that the suit premises were transferred in favour of the petitioner by the said M/s. Flushel Co-op. Society Ltd. on 10th August, 2011. In the month of January 2012 share certificate in respect of the suit premises came to be transferred in favour of the petitioner by the said society.

4. It is the case of the petitioner that since January 2012 till the end of July 2012, the petitioner was occupying the suit premises with his parents and carried out repairs to the monsoon leakages at the behest of the society and joint inspection of the repairs was conducted by the society, contractor and the petitioner. 5. On or about 14th August, 2012, respondent no.1 filed a Short Cause Suit No.1835 of 2012 in Bombay City Civil Court at Dindoshi against M/s. Drego Enterprises alleging that the said M/s. Drego Enterprises was threatening her of dispossession and her family members from the suit premises where she was alleged to have been residing since August 2002, i.e. since few months prior to the said