H. HULAGAPPA Vs. T. JABBAL VALI

JUDGEMENT

(1.) The case of the petitioner is that under the compromise decree, the petitioner became liable to pay a sum of Rs.5,95,000.00 to the respondent only on the dismissal of O.S.No.234/2008. However, it is stated that since O.S.No.234/2008 had actually been decreed, the plaintiff would not be entitled to execute the decree.

(2.) The compromise decree entered into between the petitioner and the respondent reads as under:

(3.) As could be seen from the compromise decree, the petitioner had agreed that he would be liable to pay a sum of Rs.5,95,000.00 to the plaintiff. He had also stated that he had the liability to pay the said amount after the disposal of O.S.No.234/2008, which was pending between the respondent and others on the one part and Kushid Begum and others on the other part. The 3rd and 4th paragraphs of the compromise decree clearly state that the plaintiff would become entitled to receive the said sum only after the final disposal of O.S.No.234/2008. Thus, the liability of the defendant to pay a sum of Rs.5,95,000.00 was to commence on the disposal of O.S.No.234/2008.