[Civil Appeal No.10755 of 2013 arising out of S.L.P. (C) No. 36694 of 2013) (Cc No. 19728 of 2013]. This appeal, by special leave, is directed against the judgment and decree dated 7.3.2013 passed in Second Appeal No. 285 of 2008 by the High Court of Andhra Pradesh whereby the learned single Judge has affirmed the judgment and decree passed by the first appellate court concurring with the view that the decree being a consent decree was not assailable in appeal, and further giving the stamp of approval to the conclusion that the learned trial Judge, after conducting due enquiry as envisaged under the proviso to Order XXIII Rule 3 of the Code of Civil Procedure (CPC), had passed a consent decree. The broad essential facts giving rise to the appeal are that the first respondent instituted OS No. 2261 of 1988 in the Court of IVth Additional Judge, City Civil Court, Hyderabad for declaration to the effect that the agreements and arrangements between the parties are in the nature of "Industrial Licence" and not "Leave and Licence" in respect of the suit premises situate in private industrial estate Sanathnagar, Hyderabad and also for permanent injunction. The suit was originally filed against the defendant No. 1, the Managing Partner of the firm but after his death defendant Nos. 2 to 6 were brought on record.
↧