1 chs1536-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1536 of 2009 in Execution Application No.200 of 2009 in Suit No. 2475 of 2006 R.D.Thakker .. Plaintiff v/s. M/s. Poonam Developers ..Defendants and Dr.Bhatia K.J. & Ors. ..Applicants v/s. 1. M/s. Lata Properties 2. Sheriff of Bombay ..Respondents Mr.Kishore Jain i/b. Priyadarshan V. Shah for the Plaintiff. Mr. Mahesh Vaswani for the Applicants CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. Heard learned counsel for applicants and counsel for the plaintiff. By this Chamber Summons, the applicants want that consent decree dated 25.8.2006 between the plaintiff and defendants in suit No.2475 2 chs1536-09.sxw of 2006 be set aside. Certain other prayers are found in the Chamber Summons apparently, on the ground that the applicants felt that they are entitled to ask those reliefs in the chamber summons, keeping in view the principal prayer, prayer clause (a). 2. Counsel for the plaintiff states that the decree has been executed in Suit No.2475 of 2006 and the plaintiff is put in possession of the said flat by the developer, namely the defendants in the said suit. 3. If it has been the case of the applicants that plaintiff i.e. Rajesh D. Thakker and defendant i.e. M/s. Poonam Developers by joining hands played fraud upon the applicants and obtained the consent decree, it is necessary for the applicants to institute a substantive suit so as to challenge the said consent decree by taking various grounds. In view of the above prayer clause (a) in the chamber summons is misconceived and it cannot be granted in the present proceeding namely Chamber Summons. For rest of the prayers applicants may file separate proceeding. ORDER i) Relief in terms of prayer (a) cannot be granted in this chamber 3 chs1536-09.sxw summons. Applicants may file appropriate proceeding for seeking said relief. ii) Other reliefs in the chamber summons cannot be granted in the chamber summons. Applicants are free to take out appropriate proceeding. iii) Chamber Summons is disposed of in above terms with no order as to costs. [R.Y.GANOO, J.]