1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 268 OF 2009 IN SUIT NO. 933 OF 2004 Smt. Zipribai Dakiya @ Dhakat Shende @ Varli & Ors. .. Plaintiffs V/s M/s Satellite Group & Ors. .. Defendants Mr.Omar Khaiyam Shaikh for the plaintiffs. Mr.M.U. Pandey for defendant nos.1 and 2, in support. CORAM : D.G. KARNIK, J. DATE : 11TH JUNE 2009 P.C. : 1. This chamber summons is taken out by the original defendant for modification of the consent decree passed in the suit on 5th September 2005. 2. In my view, the application is not maintainable. The decree was passed by consent of the parties. It cannot therefore be modified without consent of all the parties. Consent of all the defendants is not forthcoming. 2 3. Learned counsel for the defendant referred to and relied upon a decision in the case of Oudh Commercial Bank v. Bind Basni Kuer, a copy of which is handed over to me. It shows citation as MANU/MH/0013/1939. The decision is given under section 47 of the Code of Civil Procedure. Section 47 applies to an executing court. The present application is not made to an executing court and, therefore, in my view, the decision is not applicable to the facts of this case. The chamber summons is therefore rejected. (D.G. KARNIK, J.)