PRAVINBHAI BHAGVANJIBHAI POPAT Vs. SHAMBHUBHAI VALJIBHAI BHUA

JUDGEMENT

(1.) RULE . Mr.Sikander Saiyed, learned advocate waives service of notice of Rule for the respondent. On the facts and in the circumstances of the case and with the consent of the learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) THE challenge in this petition preferred under Article 227 of the Constitution of India, is to the order dated 12 -4 -2014, passed by the learned 3rd Addl.Senior Civil Judge, Amreli ("the Executing Court" for short), below the Application at Exh.83, preferred by the petitioner in Special Civil Execution Petition No.27 of 1998, whereby the said application for recording the compromise between the parties, has been rejected.

(3.) THE Executing Court refused to record the compromise between the parties as, according to it, it was contrary to the original decree. According to the Executing Court, it has no power to change the decree. Hence, the application of the petitioner at Exh.83 was rejected by the impugned order. Aggrieved thereby, the petitioner has approached this Court.