SHASHIKANT PRABHU Vs. SHRIKRISHNA RAGHUVIR CHIMULKAR

JUDGEMENT

(1.) THE Respondent is the decree holder and the Applicants are the judgment debtors. A compromise was entered into between the parties on 30th of April, 1994 and, accordingly, the decree was passed. The decree imposed obligations upon both the parties. There is no dispute that this Applicant No.1 and the Respondent are brothers. As the Applicants were not paying the amount of Rs.15 ,00 / plus Rs . 76,500/ , totalling Rs.91,500/ , he took out an execution application and the learned Civil Judge, Junior Division, Bicholim passed the Order dated 13th of July, 2000 directing these Applicants to deposit the amount of Rs.91,500/ within 30 days in the Court and also directing the Respondent to hand over the vacant possession to the Applicants. This is under challenge.

(2.) BY interim Order passed by this Court on 30th November, 2000, at the time of admission, the Applicants were directed to deposit Rs.91,500/ within four weeks in this Court. This amount has been deposited.

(3.) CLAUSE 11 of the Agreement provided that in case the Respondent fails to vacate the premises by 1st of May, 1995, then he shall be liable to pay Rs.1,000/ per month.