PRITPAL SINGH Vs. JUPINDER KAUR MAKER

JUDGEMENT

(1.) The instant application is filed on behalf of Judgment Debtor No. 2 under Sec. 151 of Code of Civil Procedure, 1908 (hereinafter referred to as CPC) seeking dismissal of the present execution petition on the ground that the same is an abuse of process of law and is not maintainable. Relevant Facts

(2.) The present execution petition has been filed by the Decree Holder, inter alia, seeking enforcement of the order dtd. 7/2/2020 passed by this Court in CS(OS) 3121/2011 titled "Sujan Mohinder Charitable Trust & Anr. vs. Mohinder Kaur & Ors." and CS(OS) 558/2014 titled "Maninder Singh Maker & Ors. vs. Ajit Singh Maker & Ors.". The said suits were dismissed as withdrawn on account of the settlement arrived at between the parties.

(3.) As per the case set up by the Decree Holder, it was agreed under the settlement that Judgment Debtor No. 1 would transfer her entire right, title, ownership, possession and interest in the property bearing No. 1, Community Centre, New Friends Colony, New Delhi110065 to the three trustees of Sujan Mohinder Charitable Trust, namely, the Decree Holder, Judgement Debtor No.2 and Mr. Satpal Singh Maker, who were to hold the property jointly in an undivided manner for the purpose of operating a hospital in the name of Sujan Mohinder Charitable Trust.