KRISHAN KUMAR NATH Vs. SOHAN BRAHM NATH

JUDGEMENT

(1.) EXECUTION is sought of a compromise decree dated 28th May, 2009 in CS(OS) No. 1567/2008 for partition of portion of property No. 16/273, Joshi Gali No. 9, Joshi Road, Karol Bagh, New Delhi. Notice of the execution petition was issued and objections in the form of E.A. No. 309/2012 have been filed by the Judgment Debtor (JD) in which pleadings have been completed. The counsels were heard on 18th April, 2013, to a little extent yesterday, and have been heard further today.

(2.) FOR appreciating the controversy in objections under adjudication, suffice it is to state:

(3.) IN the aforesaid state of affairs, being prima facie of the opinion that the objections by the JD are in abuse of the process of the Court, the counsel for the JD was at the beginning of the hearing cautioned that in the event of the objections being dismissed, this Court would also consider whether the JD, in addition to being liable under the compromise decree to be dispossessed from the portion of the property in his possession and to compulsorily convey his 1/3rd share therein to the DH, would also not forfeit his right to recover Rs. 22,50,000/ - from the DH. The counsel for the JD was asked to inform the JD present in Court of the said fact. The counsel, in the presence of the Court, informed the JD of the said risk and the JD gave his consent to pursue the objections subject to the said risk.