RAM GOPAL Vs. RAM CHARAN

JUDGEMENT

(1.) IA.No. 13663/2013 (for rectification of decree dated 14.02.2008 by defendant No. 1)

(2.) THIS is an application filed by defendant No. 1 under Sections 151, 152 and 153 of CPC for rectification/modification of order dated 14.02.2008.

(3.) DURING the pendency of the said suits, by the intervention of the court a compromise was arrived at. The terms of the compromise were recorded vide consent order dated 23.10.2007. The order records that it was agreed by the parties that the immovable properties would be divided half and half between the plaintiff and defendant No. 1. Three separate lots were to be made i.e. for properties at Mumbai, Delhi and Hathras, U.P. respectively. The parties were to bid for the three lots separately and the party having the highest bid was to take the property of that lot and pay 50% of the bid amount to the other side. If for some reason the party making the highest bid was unable to pay within the stipulated period, the other party would be entitled to the properties in question on payment of 50% of that party's (lower bidder's) bid. Certain other disputes were also sorted out which are not relevant for the purpose of the present application.