L NOEL RAJ Vs. SURESH

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order dated 02.03.2017 made in E.A.No.82 of 2012 in E.P.No.100 of 2007 in O.S.No.123 of 1999 on the file of Sub Court, Kuzhithurai.

(2.) The case of the petitioner is that during the pendency of the main suit as well as the execution petition, the petitioner and the respondent entered into a compromise and the respondent having received money in terms of compromise, failed to not press the execution petition and hence prayed for dismissal of the execution petition. It is further submitted that the said compromise deed was marked as Ex.P1 and the same was proved through PWs 1 and It is also submitted that E.P schedule property was sold in a public auction by the State Bank of Travancore and third party has purchased the suit property and the respondent has lost his right to execute the sale deed through the court as per the decree.

(3.) On the other hand, the respondent would submit that the petitioner had fraudulently created the compromise deeds and the respondent never entered into any compromise with the petitioner. According to the respondent, the compromise deed dated 211.2003 was rejected by this Court in Second Appeal. So, the petitioner could not press into service the said compromise deed. It is further submitted that when the matter is pending before the Execution Court, no person will enter into a compromise deed and the petitioner having lost his case before the District Court as well as the High Court in a second appeal only to drag on the proceedings has filed the present application.