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(viii) Golecha Housing and Infrastructure Pvt. Ltd., Nagpur Vs. Sanjay s/o. Mohan Rao and Ors.24

(ix) R. Janakiammal Vs. S.K. Kumarasamy (Deceased) Through Legal Representatives and Ors., along with connected matters25.

(x) K.K. Velusamy Vs. N. Palanisamy26

20. In the case of K.K. Velusamy Vs. N. Palanisamy 27, Mr. Soni submits that, the power under Section 151 will have to be used with circumspection and care and 20 2013 (3) Mh.L.J. 182 21 (2020) 6 SCC 629 22 Civil Appeal No.946 of 2016 - Reported Judgment of the Supreme Court dt. 1 st March 2021. 23 Interim Application (Lodging) No.5113 of 2021 in Suit No.396 of 2006 - Order dt. 26th April 2021. 24 2018 (1) Mh.L.J. 784 25 (2021) 9 SCC 114 26 (2011) 11 SCC 275 27 (2011) 11 SCC 275 902-IA-1575-2022.doc Dixit when it is absolutely necessary and that there is no other provision in the Code governing the matter and when the bonafides of the applicant cannot be doubted, such exercise is required to meet the ends of justice and to prevent abuse of the process of court. It is submitted by Mr. Soni that in the present case, such a situation has not arisen. None of the parties to the suit had any quarrel with the consent terms and its contents. Terms were consensually arrived at pursuant to negotiations. The court was invited to pass an order thereon, which the court has done. In view thereof, he submits that there is no question of any fraud inter-parties. In these circumstances, Mr. Soni submits that the application has no merit and deserves to be rejected. As to how the government is a "stranger" despite the reference to the claims of the government, no explanation is forthcoming.