1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Original Side Notice of Motion No.4417 of 2007 In Suit No.1228 of 2005 Padmavati Manordas Mehta since deceased through her LRs. Jayshree Suketu Valia & ors. Plaintiffs Vs. Neena Nitin Mehta Defendant And Adv. Bharat R. Zaveri Respondent Mr.Kirit Modi with Mr.R.G.Sheth and Ms.Shraddha Sawant i/b. M/s.R.G.Sheth & Co. for plaintiff. Mr.R.V.Govilkar with Mr.Jithendra Pathade for defendant. Mr.B.R.Zaveri - respondent. CORAM: R.M.SAVANT,J. November 24, 2008. P.C. 1. By the above Notice of Motion the defendant seeks setting aside of the Consent Decree dated 13/10/2006 passed by His Lordship Mr.Justice D.K. Deshmukh in the above suit. The setting aside is sought on the ground that there was no consent of the defendant and, therefore, the suit has been wrongly decreed. It appears that against the said consent decree dated 13/10/2006, an appeal was filed by the 2 defendant being Appeal No.832 of 2006. In the said Appeal the Division Bench has observed that if the consent is disputed, the course open to the plaintiff is of bringing the said fact to the notice of the learned Judge who passed the consent decree. 2. Looking to the nature of the relief sought and considering the order of the Division Bench in the said Appeal No.832 of 2006 and the judgment of the Apex Court reported in (1982) 2 SCC 463 (1982) 2 SCC 463 (1982) 2 SCC 463 wherein the Apex Court has held that it is only the Court recording a statement of fact which is competent to rectify the error if approached without delay, in my view it would be appropriate for the defendant to move His Lordship Mr.Justice D.K.Deshmukh for placing the above motion on board for hearing.