KAMAL MOHAN SONI Vs. POONAM ARORA

JUDGEMENT

(1.) THE petitioner has filed the present revision petition under Section 115 of the CPC for quashing the order dated 12th April, 2013. Learned counsel for the petitioner has made only one submission that the compromise deed was not signed by all the parties particularly the same does not bear the signature of Smt.Madhu Kiran Malhotra. However, learned counsel for the petitioner does not dispute that the compromise deed was signed by his client namely Kamal Mohan Soni.

(2.) THE trial court by order dated 10 th November, 2010 decreed the suit in terms of the compromise. Smt.Poonam Arora on 6 th June, 2011 filed an execution petition as decree holder against the present petitioner Kamal Mohan Soni, Lalit Mohan Soni and Madhu Kiran Malhotra as judgment debtors. The petitioner filed the objection on 4th May, 2012 inter alia taking the same plea that since the compromise is not signed by all the parties therefore the execution petition is not maintainable.

(3.) THE trial court in paras 13 to 14 has dealt with the objection raised by the objectors including the present petitioner and gave its findings in paras 13 to 15 of the impugned order which read as under: