INDER KUMAR KATHURIA Vs. K.K. KATHURIA

JUDGEMENT

(1.) THE plaintiff, namely Inder Kumar Kathuria had filed the abovementioned suit for permanent injunction and recovery of possession of immovable property as well as for mesne profits against his brother, namely Krishan Kumar Kathuria, defendant No.1, and defendants No.2 to 4 who are the family members of defendant No.1.

(2.) DURING the pendency of the suit, the joint application under Order XXIII, Rule 3 CPC was filed by the parties, being I.A.No.7595/2004 for recording the settlement. The terms and conditions of the settlement were mentioned in the application. The same read as under:-

(3.) THE defendant No.1 in the year 2009 filed an execution petition being Ex.P.No.400/2008, praying that the decree be executed by directing the plaintiff to deliver the possession of the first floor of the property in question to defendant No.1. He also filed an application under Section 12 of the Contempt of Courts Act, 1971 for non-compliance of the order dated 10th November, 2004. By common order dated 19th November, 2009, the contempt application was dismissed, whereas the execution petition was allowed with the direction to draw a decree in terms of the settlement recorded in the order dated 10th November, 2004.