MAMOLDEVI DHAREWA Vs. BABUBHAI B AMIN

JUDGEMENT

(1.) THE present First Appeal has been filed under Section 96 of the Code of Civil Procedure challenging the impugned judgment and order passed by the City Civil and Sessions Court in Civil Suit No.1120 of 1984 dated 16.4.1990 on the grounds stated in the memo of the Appeal.

(2.) THE Appellants are the heirs and legal representatives of deceased Smt. Mamoldevi Dharewa who had filed the above Civil Suit No.1120 of 1984 against the Respondents, who are the original defendants, to recover the amount which was to be paid. THEre is also a reference in the Suit filed by Smt. Fulladevi Dharewa being Civil Suit No.3735 of 1979 for the identical relief for the money decree against the same Respondents Original Defendants with regard to the claim against the Defendant No.3 Firm. As it transpires, the Suits were consolidated and they have been disposed of by a common judgment and the Suits have been ordered to be dismissed vide judgment and order dated 16.4.1990. THE present Appellants have challenged the judgment and decree contending inter alia that the amount has not been received as agreed between the parties while passing the consent decree or the compromise in Civil Suit No. 3735 of 1979. Learned Advocate Mr. R.A.Mishra for the Appellants has submitted that the entire controversy is raised on the narrow compass as to whether the amount of Rs.35000/- has been paid as per the compromise arrived at between the parties or not. He has stated that though the amount was to be paid and it is believed that it has been received by the present Appellants. THEre is no evidence and the court below has erroneously come to the conclusion that the amount has been received in cash and therefore the present Appeal.

(3.) THE Court is in complete agreement with the findings arrived at on the appreciation of evidence, including the evidence of the witnesses as discussed above and therefore, the present First Appeal cannot be entertained and deserves to be dismissed and accordingly stands dismissed.