...P.C1. This application is taken out for modification of clause (3) of the consent terms and decree dated 30.11.2009 passed by this court in Family Court Appeal No. 175 of 2009....2. The parties filed consent terms in Family Court Appeal No. 175 of 2009. In terms of the consent terms parties agreed for divorce by mutual consent and decree is accordingly passed...date of the consent terms and decree of divorce in terms of consent terms, the respondent wife remarried on 6.6.2014 Mr. Deshmukh, learned Counsel for the respondent does not dispute this fact. In...

...on 5th of every month forever instead of paying Rs.25,000/- in cash and the balance as school fee and other fees. 4. The application for modification was resisted by the respondent contending that the ...appellant for modification of the consent decree passed on 09.12.2014 in HMOP No. 1507 of 2014 has to be dismissed. 5. The Family Court, on considering the submission of counsel for bo...petition under Section 13-B has been filed is estopped from filing the present application seeking modification. Further, in the petition for modification, the appellant seeks ...

...decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise. Undoubtedly, the Court can entertain an application under Section 151 CPC for alteratio...misrepresentation in arriving at the settlement agreement and the High Court was right in dismissing the application seeking modification of the decree. It was submitted on behalf of the respondents that the...view of the law laid down by this Court in Banwari Lal (1993) 1 SCC 581, the question that arises for consideration is whether the appellant has made out a case for modification/alteration of the decree...

...fraud, misrepresentation, or mistake. The Court in exercise of its inherent power may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the co...obtained by the petitioners by way of playing fraud, therefore, the Court can entertain an application under Section 151 of CPC for cancellation/modification of the compromise decree if the same has been...the Appellant has made out a case for modification of the decree by treating the Application as one under the proviso to Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure. There is no...

...Misc. Application in the said Regular Darkhast Application filed by the wife, inter alia, praying for modification of the consent terms forming part of the decree dated 16.04.2015 and sought..., on the other hand, would submit that the Civil Misc. Application filed by the Appellant was simplicitor for modification of the consent decree passed by the Family Court on the ground that the...concerned, since the Appellant himself had not applied for setting aside the consent decree on the ground of fraud but had sought limited modification of clause 4(a) on the ground that the Appellant...

...Order 23, Rule 3, an application for modification of one clause of the consent terms filed pursuant to which the consent decree is passed, is maintainable under...an application under section 152, Civil Procedure Code for correction of such typing mistake in the consent terms as...well as the consent decree. The same was dismissed and the revision preferred by the petitioner before this Court bearing Civil Revision Application No. 70/02, was permitted to be withdrawn, with...

...herein filed an interim application in I.A.No.8 of 2020 in FCOP.No.32 of 2019 for modification of the visitation rights granted under the mutual consent divorce decree... 2. The learned counsel for the petitioner submitted that the petitioner and the respondent got decree of divorce by mutual consent before the learned...the file of the Family Court, Erode and transfer the same to the Family Court, Namakal. For Petitioner : Mr. V.Vignesh For Respondent : Mr.M.L.Joseph learned counsel...

...to be raised merely to delay the execution proceedings and ultimately the execution of the consent decree.7. As a matter of fact, previously also, the respondent-JD has filed an application registered as OMP ....2. The complaint is that the consent decree cannot be executed against him because the land measuring 171.91 square meters, which could have been sold pursuant to it could not be sold being.... As a result thereof he could not dispose of the land in question and refund a sum of Rs. 75,00,000/- to the petitioner DH in installments in terms of the consent decree sought to be executed in these...

... fraud, misrepresentation, or mistake. The Court in exercise of its inherent power may rectify the consent decree to ensure that it is free from clerical or arithmetical err...case for modification of the-decree by treating the application as one under the proviso to Order 23 Rule 3 read with Section.... Initially, the petitioner herein had filed an application to stay the Final Decree Proceedings and that application came to be dismissed. Thereafter, the Court had allowed the application filed under...

...petitioners herein) by written application dated 22 February 1989 had tendered the consent terms as evidence of fresh agreement between the parties for modification of the decree and for recording...February 1989, the parties signed fresh consent terms in modification and part adjustment of the above decree. An application was filed on 21 February 1989 before the Bombay City Civil Court under O. 21, R...terms thereof. Fresh consent terms dated 21 February 1989 were tendered to the court along with the above application for the purpose of recording the part adjustment of the decree to the satisfaction...

...exercise of its inherent power may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise. Undoubtedly, the Court can entertain an ...law laid down by this Court in Banwari Lal (supra), the question that arises for consideration is whether the Appellant has made out a case for modification/alteration of the decree by his application...Agreement and the High Court was right in dismissing the Application seeking modification of the decree. It was submitted on behalf of the Respondents that the parties agreed that the advocates would act as...

...petition is whether in terms of proviso and explanation to Order 23, Rule 3, an application for modification of one clause of the consent terms filed pursua n t to which the .... Thereafter, the petitioner filed an application under Section 152 C.P.C. for correction of such typing mistake in the consent terms as well as the consent decree. The same was..., a party can seek modification of a clause in the consent terms and consequently that part of the Decree on the ground that the same was not intended or agreed by the parties. If argument of Mrs...

...appellant claimed that the respondent had not allowed her to meet the child. She had filed Misc. Application No. 402 of 2009, for modification of consent decree relating to the access of the child. The app...expressed by the child necessitated the appellant to file applications for modification of the consent terms. He has submitted that the child had sent an e-mail to the appellant expressing her desire...respondent was dissolved by a decree of divorce by mutual consent dated 02.05.2008 The parties had mutually agreed that the custody of the child would remain with the father, while the mother would have...

... vitiated by fraud, misrepresentation, or mistake. The Court in exercise of its inherent power may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so a...the submissions of the parties to examine whether the appellant has made out a case for modification of the decree by treating the application as one under the proviso...application for correction or amendment of decree, the petitioner to protect his interest, opposed the application and he is before this Court challenging the order passed on I.A.No.2/2010 allowing amendment...

...application of one only of the parties, but the consent of both parties to the original agreement would be necessary for its modification. 31.This Court in a judgment...decree to ensure that it is free from clerical or arithmetical errors so as to bring it in conformity with the terms of the compromise. Undoubtedly, the Court can entertain an Application under Section 15...application for amendment of consent decree under Section 151 of C.P.C. if the same is vitiated by fraud, misrepresentation or misunderstanding. Even in such cases, the consent decree cannot be mo...

...judgment debtor and with the consent of the decree holder, the Court can order the payment to be made to be post-poned or may allow for modification of the terms as to installments. The power to extend...failing which the plaintiff would have a benefit of the decree for specific performance was sought to be modified after the decree was passed on the application filed by the judgment debtor seeking for... 1 of 2 or it can provide for installments. Order 20 Rule 11(2) CPC states that after the passing of decree on the application of...

...agreement. A decree by mutual consent was passed, but lateron the application for modification has been filed. In this background, an application filed under Section 152 of the CPC was dismissed.... 12.5 crores (approximately).On 11.03.2013, the petitioner filed an application for modification of the stay order dated 20.12.2012 passed by this Court on the ground that the said order...Court should not have gone beyond the order passed by the Supreme Court for the release of the amount without security.After the application for modification was filed, this Court issued...

...by fraud, misrepresentation, or mistake. The Court in exercise of its inherent power may rectify the consent decree to ensure that it is free from clerical or arithmetical errors so as to bring it in ...1521of the Code of Civil Procedure, 1908 (CPC). No application would, therefore, it was submitted, be maintainable for modification of the decree. What Respondent 1 was essential...filed Misc DJ 192/2019 before the learned ADJ for recalling/modification of the aforesaid compromise decree dated 18thApril 2019. Respondent 1 contended that, as per the terms of...

...not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake. The Court in exercise of its inherent power may rectify the consent decree to ensure that it is free from clerical or arithmetical ...clerical mistake, under Section 152 of the Civil Procedure Code, 1908 (CPC). No application would, therefore, it was submitted, be maintainable for modification of the decree. What Respondent 1 was..., but in an application moved by Respondent 1 for recalling/modification of the compromise decree dated 18 April 2019. An order passed on such an application is not appealable either under Section 96 or...

...Lordship observes that an essential term of the agreement embodied in the decree cannot be changed by an act of the Court on the application of one only of the parties, but the consent of both parties to...the original agreement would be necessary for its modification. The Court, in such a case, is doing nothing more than give judicial force to a contract and there is no basis for the decree other than...possession of the suit property after removing the superstructure and for past and future mesne profits. The trial Court granted a decree, and, as against that decree, the defendant (respondent herein...