TRIBHUWAN KAUSHIK Vs. VIJAY KUMAR

JUDGEMENT

(1.) Petitioner is challenging the order passed by Executing Court on 14/8/2018. By the said order, Execution Case No. 03 of 2005 filed by the plaintiff/decree holder and Execution Case No. 17 of 2010 filed by the petitioner, were consolidated and writ of possession was issued to the Civil Amin directing him to handover vacant possession of the suit property to the decree holder. The judgment rendered by Revisional Court dismissing petitioner's revision has also been put to challenge in this petition.

(2.) It is an admitted fact that a suit for partition was filed by Smt. Darshani Devi and several other persons in the year 1980, which was registered as Original Suit No. 61 of 1980; petitioner was defendant in the said suit in which a preliminary decree was passed on 18/12/2018 and thereafter the parties to the suit entered into a compromise on 8/10/1998 and a final decree was prepared in terms of the compromise.

(3.) It is also not disputed that in the deed of compromise, the entire estate was partitioned and it was settled that parties will mutually exchange possession of the property within six months, failing which possession over the respective shares of the parties will be given to them through court.