INDU MALHOTRA, J. - (1.) The present Civil Appeal has been filed assailing the Judgment and Order dated 22.07.2014 passed by the Bombay High Court in Appeal No. 558 / 2007 dismissed the appeal filed by the appellants against the Consent Order dated 16.02.2005 in Suit No. 1335 /1988 to which the appellants are not the signatory to the proceedings.
(2.) The Us pertains to land admeasuring 5082 square yards bearing Survey No. 218, CTS No. 727 situated in Village Mulund, Greater Bombay. The background facts of this litigation are briefly stated as follows : (i) An Agreement to Sell dated 28.04.1980 was executed between Defendant Nos. 1 to 52-Vaity family and the Plaintiff-M/s. Chitralekha Builders (then comprising of one Kusum Gorule and Tukaram Baliram Nalwade), whereby the Vaity family undertook to execute a Deed of Conveyance in favour of Chitralekha Builders, or its nominees, on receipt of Rs.35,00,000 towards the balance consideration. (ii) On 09.05.1980, M/s. Chitralekha Builders entered into an Agreement with a Society viz. G.I.C. Sonal Vihar Co-operative Housing Society Ltd.-Respondent No.1 herein, whereby it was agreed that Chitralekha Builders would develop the suit property, and the constructed area would be given to the Society after development. (iii) On 01.07.1980, the Partnership between Kusum Gorule and Tukaram Baliram Nalawade stood dissolved vide a Dissolution Deed.
(3.) Suit No. 1335/1988 3.1. On the failure of the Vaity family to handover possession of the suit property, and execute the Sale Deed as per the Agreement dated 28.04.1980, Respondent No. 1-Society and Respondent No.2-Kusum Gorule filed Suit No. 1335 /1988 before the Bombay High Court against the Vaity family seeking specific performance of the said agreement. 3.2. During the pendency of the suit, M/s. Chitralekha Builders was reconstituted, and a Partnership Deed dated 08.04.1989 was executed between Respondent No.2-Kusum Gorule, Appellant No.2-Nina Anil Shah and two other partners viz. S.J.Pakhare and S.N.Gadekar. Pursuant to the Partnership Deed, the Appellant No. 2 was made a partner of M/s. Chitralekha Builders to the extent of 50%. 3.3. Subsequently, a Supplementary Deed dated 26.01.1996 was executed between Respondent No.2-Kusum Gorule, Appellant No.2-Nina Anil Shah and the two other partners, whereby S.J.Pakhare relinquished his entire share in the partnership in favour of Appellant No.2; and S.N.Gadekar relinquished his share equally between Appellant No.2 and Respondent No.2. 3.4. The Bombay High Court appointed a Court Receiver of the property by Order dated 31.08.1991 passed in Notice of Motion No. 1311 /1988 filed in Suit No. 1335 / 1988. It was noted that Respondent No.2 had taken possession of the suit property, and constructed a boundary wall around the property. 3.5. The Appellants filed Chamber Summons No. 1334 / 2004 for impleadment as co-plaintiffs in Suit No. 1335 /1988. The Respondents filed Chamber Summons to transpose themselves as Defendants. The Chamber Summons filed by the parties were disposed of by a common order dated 26.10.2004 passed by the learned single judge of the High Court. The Chamber Summons filed by the appellants for impleadment as co-plaintiffs was dismissed as not maintainable, since a party could not force himself to be a co-plaintiff in the Suit. R.1-Society was transposed as Defendant No. 54. 3.6. The Appellants filed Appeal No. 598 / 2005 against the Order dated 26.10.2004 rejecting their Chamber Summons for impleadment before the division bench of the High Court. 3.7. First consent decree dated 16.02.2005 During the pendency of the aforesaid Appeal, the Respondent No. 2 entered into a compromise with the Vaity family on 16.02.2005, and drew up Consent terms, whereby the Vaity family agreed to execute the Conveyance Deed in favour of Respondent No.2 / nominees on receipt of the balance consideration of Rs.35 Lacs. The agreement dated 28.04.1980 between the Vaity family and M/s. Chitralekha Builders stood cancelled. Itis relevant to note at this stage that the appellants had not been impleaded as parties to the suit. Pursuant to the consent terms arrived between R.2-Kusum Gorule and the Vaity family, the learned Single Judge passed a Consent Decree dated 16.02.2005, whereby Suit No. 1335 /1988 was partly decreed as per the Consent Terms (First Consent Decree). It was however observed that the Suit would continue with respect to Defendant No.54-Society, which was now re-transposed as the Plaintiff. 3.8. On 26.07.2005, the Respondent No. 2-Kusum Gorule sold the suit property to M/s. Oswal Enterprises / Builders, who were subsequently impleaded as Defendant No. 57 in Suit No. 1335 /1988. 3.9. The appellants filed Chamber Summons No. 961 / 2005 in Appeal No. 598 / 2005 seeking amendment to the original Chamber Summons No. 1334/2004, praying that the appellants be impleaded as Defendants instead of co-plaintiffs. A division bench of the High Court by Order dated 19.08.2005 allowed the Appeal alongwith the Chamber Summons No. 961 / 2005, and directed that the appellants be added as Defendants in the Suit. It was held that the appellants were necessary parties to effectuate the final adjudication of disputes. 3.10. Appeal against the first consent decree Upon being impleaded as Defendants in Suit No. 1335 /1988, the appellants filed Appeal No. 558 / 2007 to challenge the consent decree dated 16.02.2005. The High Court by the impugned order dated 22.07.2014 dismissed the Appeal, and held that the appellants were not parties to the Consent Terms dated 16.02.2005, and would not be bound by the same. The rights of the appellants were not affected by the Consent terms, and therefore, the order dated 16.02.2005 did not warrant interference. The present Civil Appeal has been filed to challenge the Order dated 22.07.2014. 3.11. Second Consent decree dated 03.10.2005 On 03.10.2005, the Respondent Nos. 1 and 2 entered into a compromise with Oswal Enterprises, wherein it was agreed that Respondent No. 1 would transfer the suit property to Oswal Enterprises on receipt of Rs.50 Lacs, and would make no claim on the suit property. The learned single judge took the draft amendment on record, and impleaded Oswal Builders as Defendant No. 57. The Suit No. 1335 /1998 was decreed as per the Consent Terms (Second Consent Decree). On an objection being raised by the appellants, the High Court granted 4 weeks to initiate appropriate proceedings to challenge the Consent decree, and directed the Court Receiver not to handover possession of the suit property for 4 weeks. The Suit was accordingly disposed of. ;