M R MALHOTRA Vs. COMPETENT BUILDERS PVT LTD

JUDGEMENT

(1.) The present execution first appeal assails the order dated 28 th July, 2009 passed in Execution Petition No.95/2003 whereby the learned Single Judge dismissed the execution petition.

(2.) The facts of the case leading to filing of the present appeal in execution petition are that the appellants filed the suit bearing CS(OS) No.938/1990 before this Court, praying for permanent and mandatory injunction against the respondent and seeking to recover the possession of the land on the basis of an agreement to sell dated 25 th November, 1980 which had been executed by the appellants with the respondent and a sum of Rs. 11 lac had been received from the respondent towards part consideration of the said agreement. The total consideration had been agreed at Rs. 34.50 lac. The balance amount of the agreed sale consideration was required to be paid by the respondent to the appellants at the time of execution of the sale deed, i.e. appellants were seeking avoidance of the agreement.

(3.) On 8 th March, 1991 a compromise arrived at between the parties in the said suit, in the form of application under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 which had been signed by both the parties and their respective counsel. The said application came up before the Court on 21 st March, 1991. The learned Single Judge after recording the statements of the parties had decreed the suit in terms of the compromise and by allowing the said application.