BUDH SEN Vs. AJIT SINGH

JUDGEMENT

(1.) These petitions are being disposed of by this common judgment, inasmuch as the impugned judgment of the executing court in both the cases is the same.

(2.) The petitioner was the defendant in the suit filed by the respondents/plaintiffs/decree holders. The suit for possession, permanent injunction and mesne profits/damages was decreed in terms of the settlement arrived at between the parties before the mediation centre on 07.3.2008/ 14.3.2008. The objector/petitioner claimed that settlement was not validly arrived at because the settlement papers were wrongly got signed by the decree holders/plaintiffs but that defence was rejected by the trial court. An appeal filed against the decree by the petitioner/objector was also dismissed, and further the Regular Second Appeal filed in this Court being RSA No.157/2011 was also dismissed.

(3.) The only ground raised in the objection petition was that the suit property has been acquired by the Government, and therefore the decree holders/respondents/plaintiffs had no right to get the consent decree passed in their favour pursuant to the settlement before the mediation centre.