BASAWANT DHARMAPPA KUDACHI Vs. DEVENDRA KALLAPPA PUJARI

JUDGEMENT

(1.) This is a decree-holder's revision against the order dated 26-11-1984 passed by the II Additional Civil Judge, Belgaum, in Ex. Case No. 55/1983 dismissing the same.

(2.) It is an unfortunate litigation between three brothers. There was a decree awarding 1/3rd share to the decree-holder. There was also a final decree. While the final decree was put in execution, there was a compromise between the parties. The decree-holder alleging breach of the terms of the compromise, filed Ex. Case No. 55/1983 for partition. I.A. No. II was filed by the judgement debtor No. 1 alleging that the decree has already been satisfied in terms of the compromise and hence the execution petition should be dismissed.

(3.) The fact that there was a preliminary decree awarding 1/3rd share to the petitioner and that there was also a final decree and that when the final decree was put in execution, there was a compromise between the parties, is not disputed by any of the parties. Copy of the compromise has been produced in this revision. Clause 11 of the compromise is the material clause. It reads : "If on account of any wanton or deliberate act on the part of the J. Ds., D.H.'s possession and occupation of the first and second floor becomes impossible, D.H. shall given notice thereof calling upon J. Ds. or their representatives to at once stop the alleged acts so as to make D.H.'s. occupation and enjoyment of the I and II Floor peaceful. If the J. Ds. fail to stop such acts within the period stipulated in such notice, the arrangement stipulated above shall terminate and the D.H. shall be at liberty to take possession of the portion of the suit property allotted to him as per Final Decree either by executing the final decree or by recourse to other appropriate proceedings."