1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.490 OF 2009 Vijay Laxman Somvanshi ..Applicant V/s Kohinoor Properties & 2 Ors. ..Respondents ---- Mr. S.S.Kanetkar for the applicant. Mr. A.A.Kumbhakoni Senior Advocate with Avinash Joshi for the respondents. ---- Coram : R.S.MOHITE,J Date : 7th October, 2009. PC 1 This is an application made by the original defendant no.1 impugning an order passed in the Darkhast. The plaintiff has filed a suit for specific performance of agreements dated 21.1.1989 and 10.9.1989 against the defendants. When the matter went before the Lok-Adalat, on the plaintiff’s agreed to enhance the price from Rs.11 lakhs to Rs. 2.16 crores. The matter was settled and consent terms were filed. In the consent terms the plaintiff no.1 gave up his prayer and claim as made in the suit. The consent terms provided that the plaintiff has given up all his rights, title and interest and benefits in respect of the suit property. The decree was therefore, passed in terms of the consent terms. When the plaintiff filed a suit for execution, defendant no.1 initially filed an application for a direction to the decree-holder to deposit an amount of Rs.2.16 crores and also claimed 18% interest for the delayed payment. The Court held that there was no delay caused by the 2 plaintiff but in fact, delay was caused by the defendant. It is not in dispute that in accordance with the prayer made by defendant, an amount of Rs.2.16 crores already stands deposited in the trial Court. Thereafter the present applicant has filed the present application saying that the execution proceedings should be terminated because the consent decree has become un-executable. It is contended before me that the decree has become un-executable because permission granted under ULC Act has lapsed. Since this application is rejected by the Court, it is for the plaintiff and the Court to see as to how the decree should be executed. The present applicant, having once consented to a consent decree, cannot be allowed to raise such an objection at the stage of execution. Revision Application is therefore, summarily rejected. (R.S.MOHITE,J) 3