2014 AIR CC 106 (BOM) ::2013 (6) ABR 938 ::(2014) 1 AllMR 594 (BOM) ::(2014) 2 Bom CR 358

Bombay High Court

Hon'ble Judge(s): Anoop V. Mohta , J

( A ) Civil Procedure Code (5 of 1908) O. 39 , R.1, O.23, Rr.3, 3-A — Interim injunction — Restraining defendants from entering into suit property — Suit for setting aside consent decree — On ground that consent decree was not lawful — Mere averments not sufficient to accept case of plaintiff — Moreso when it was consent decree — Unless decrees are set aside by competent Court having jurisdiction, terms and condition/clauses so mentioned therein bind parties — Contents of consent decree would prevail over revenue record electricity bills and other contemporary documents produced by plaintiff — Order granting interim injunction by holding that consent decree is unlawful and not binding upon plaintiff, by overlooking basic terms of consent decree, not proper. (Paras34373839)