RAJENDRABHAI MUKUNDRAI BHATT Vs. DEVENDRA NATWARLAL SHAH

JUDGEMENT

(1.) The present revision is directed against the judgement and order dated 9.8.1999 passed by the learned Assistant Judge in Civil Misc. Appeal No.48 of 1999 as well as the order below Review Application No.3 of 1999 dated 30th October, 1999, whereby the appeal is dismissed and the review application is also dismissed.

(2.) The brief facts of the case appear to be that there was settlement in the suit between the plaintiff and the defendant on 14.6.1994 in Regular Civil Suit No.209. The consent decree was passed by the Court concerned. As per the said consent decree, the possession of the property was to be handed over by the stipulated date and it was also mentioned that if there was delay in handing over of the possession, Rs.100/- per day would be payable. It appears that thereafter the property in question was purchased by the petitioner from the respondent and in the sale dated 8.3.1996 and in the sale deed there was a recital clause that any term of settlement as was submitted before the Court would not operate and now there will not be any question of implementation of the terms of settlement. In spite of the aforesaid sale deed, the respondent filed an execution application before the trial Court, seeking recovery of the amount of compensation as per the terms and conditions of the settlement. The Executing Court issued warrants for recovery of the amount, since the petitioner did not appear. The matter was carried in appeal, which also came to be dismissed, against which review application was preferred and the said revision application has also been dismissed. It is under these circumstances, the present petition before this Court.

(3.) Heard Mr.Ramnandan Singh, learned Counsel for the petitioner and Mr.Pandya, learned Counsel for respondent.