This is a brief order dismissing a Notice of Motion filed after a suit was disposed of via Consent Terms. The judge held that seeking a declaration or injunction in such circumstances is frivolous, as the consent terms must be respected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1052 OF 2005
IN
SUIT NO. 441 OF 1989
Sadashiv D. Paigude... PLAINTIFF
V/s.
Balkrishna Dattatraya Sawant & Ors. DEFENDANTS
Miss B.S. More i/b. Patil Ghanekar & Co. for the
plaintiff.
None for the defendant.
CORAM : ANOOP V. MOHTA, J.
DATED : 17th March, 2006
P.C.
.Heard.
2.This Notice of Motion has been taken out in
Suit No. 441 of 1989 which has been disposed of by
Consent Terms executed on 24th March, 1995 between the
parties. Having once executed Consent Terms, there is
no question of claiming any declaration through Notice
of Motion as sought to be claimed in the present case.
By this Notice of Motion, plaintiff has further
claimed order of injunction from the Court against
defendants from dealing with and/or disposing of
and/or parting with and taking the possession of the
suit property in pursuance to the Consent Term
executed between the parties. The Consent Terms once
( 2 )
executed need to be respected at least by the parties
between whom Consent Terms have been executed. Such
Notice of Motion according to me is frivolous and
needs to be dismissed.
3.The Notice of Motion dated 29th March, 2005 is
pending without any ad-interim relief since then. The
averments therefore even if made in this affidavit in
support of Notice of Motion cannot be accepted for any
ad-interim relief as claimed. The Notice of Motion is
therefore dismissed with no order as to costs.
Parties are at liberty to take appropriate steps if so
desired.
[ANOOP V. MOHTA, J.]
Sadashiv D. Paigude
Balkrishna Dattatraya Sawant & Ors.
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court