HERCHAN LAWRANCE D CRUZ Vs. DISTRICT COLLECTOR, THIRUVANANTHAPURAM

JUDGEMENT

(1.) In OP (MV) 809/2008, an award was passed against the petitioners herein. E.P.No.636/2016 was filed by the decree holders for realization of the decree debt. In the execution petition, the decree holder filed E.A.No.38/2016 seeking initiation of revenue recovery proceedings for realization of the award amount. As per order dated 20/11/2017, the application was allowed. Pursuant thereto, respondents 1 to 3 herein initiated revenue recovery proceedings as per Exts.P5 and P6 demand notices. The revenue recovery proceedings are under challenge in this writ petition.

(2.) Heard.

(3.) The contention of the petitioners is that, after passing of the award, there was a settlement between the parties for an amount of Rs.4,50,000/- and there was an assurance that the execution proceedings will be withdrawn. The petitioners rely on a receipt dated 03/07/2017 stated to have been issued by the counsel for the decree holders, acknowledging receipt of an amount of Rs.4 lakhs. The decree holders plead ignorance with respect to the same.