RAM GOPAL Vs. RAM CHARAN AGGARWAL

JUDGEMENT

(1.) The present intra court appeal impugns order dated 30 th August, 2010 passed by the learned single Judge in Execution Petition No. 227/2010. The impugned order allows the execution petition, which was filed by the respondent herein Ram Charan Aggarwal and directs the appellants herein Ram Gopal, Prem Lata and Ram Kishan to execute a conveyance deed in favour of the Respondents in respect of property bearing No.1375, Katra Lehswan, Chandni Chowk, Delhi.

(2.) Ram Gopal and Ram Charan Aggarwal are brothers being sons of late Ganeshi Lal and Kasturi Devi. The father and the two sons on or about in 1962 had commenced business in partnership under the name and style of Lalji Mal Tika Ram with all the three having equal share. Ganeshi Lal passed away in 1981. Disputes arose between the two sons and their families, resulting in multifarious litigation.

(3.) During the pendency of the said suits, by the intervention of the Court, parties agreed to compromise. The terms of the compromise were recorded in the order dated 23 rd October, 2007. The said order is relevant but we will be reproducing and examining the said order subsequently. At this stage, we note that it was decided that the immovable properties were to be divided equally between Ram Gopal and Ram Charan. It was decided that the two brothers shall bid for immovable properties in three separate lots, i.e., properties at Mumbai, Delhi and Hathras. The higher bidder will take the property by paying 50% of the bid amount to the other side within three months. In case of failure to pay the bid amount, the other side would be entitled to the properties in the lot on payment of 50% of the lower bidder's bid.