TIRUTTANI KUTTI Vs. B V SAMPATH

JUDGEMENT

(1.) THE CRP (NPD) No.1459 of 2009 arising from E.P.No.8 of 2008, in O.S.No.251 of 2006, filed by the petitioner/Judgment debtor. THE respondent/plaintiff has filed a suit for recovery of a sum of Rs.98,566/-, the same was decreed. In pursuant of the Judgment and Decree, the decree holder/respondent has filed executive proceedings against the Judgment debtor for a sum of Rs.1,19,263.75. On 14.11.2008, the executive Court passed an Order of arrest, aggrieved by the said arrest Order, the above CRP (NPD) No.1459 of 2009 has been filed.

(2.) THE CRP (NPD) No.1460 of 2009 filed by the petitioner/judgment debtor against the decree holder. THE decree holder/respondent has filed a suit for recovery of money of a sum of Rs.7,328/-, the same was decreed against the petitiner herein. In pursuant to the decree, the executive proceedings had been filed by the decree holder for recovery of a sum of Rs.11,064/- from the Judgment debtor. THE executive Court passed an arrest warrant on 14.11.2008 in E.P.No.45 of 2008, aggrieved by the said arrest Order, the above CRP (NPD) No.1460 of 2009 has been filed.

(3.) TO that effect, a common memo of compromise has been filed by the counsels. The said memo of compromise has been duly signed by the respective parties and their counsels. The contents of the memo of compromise are as follows: