RAOSAHEB BHIKAJI TAMBE Vs. NAMDEO EKNATH TAMBE

JUDGEMENT

(1.) THE petitioner had filed Regular Civil Suit No.248/68 in the Court of Civil Judge (J. D.), Shrirampur, contending that there was encroachment on his agricultural land caused by the defendant and he be put in possession of the encroached area. During the pendency of that suit, on 5th April 1971, a compromise Purshis was filed before the learned Civil Judge and decree in terms of the compromise was passed by the learned Civil Judge. THEreafter the plaintiff a decree holder filed Execution Petition No.92/71 before the learned Civil Judge (J. D.), Shrirampur, and he requested for appointment of Cadestral Surveyor for the measurement of the land of the plaintiff and defendant, for the marking of the encroached area and for possession of the encroached area. Accordingly, the order for appointment of commissioner was passed. THE report was received.

(2.) THE parties disputed the report of the commissioner. THE matter had gone into appeal being Regular Civil Appeal No.141/79 in District Court, Ahmednagar, and the appeal was allowed as per order dated 13-2-1974. THE matter was remanded to the Executing Court. THEreafter, again measurement was carried out. But there was dispute regarding measurement and second appeal was filed being Regular Civil Appeal No.329/79. In view of the order dated 16-1-1981 passed in Regular Civil Appeal No.329/79, the measurement was carried out and then report was received that there was no encroachment on the land of the plaintiff.

(3.) BEFORE considering the dispute regarding the order passed by the learned Civil Judge, that the decree was fully satisfied and Darkhast was disposed, it is necessary to know the terms of the decree. As it is already pointed out, the decree was on the basis of compromise arrived between the parties. The terms of the Compromise which are incorporated in the decree are as follows : -