PRADEEP MEHRA Vs. HARIJIVAN J. JETHWA

JUDGEMENT

(1.) This Petition is by decree holder in RAE Suit No. 1115/998 of 2004. The decree holder took out Misc. Notice No. 152 of 2006 for execution of the consent decree and the Small Causes Court granted the said Notice with an observation that Defendant Nos. 1 and 2 i.e. Respondents herein have failed to pay monthly compensation for two months as was agreed. As such, prayer for execution of decree came to be allowed vide order dated 12/2/2013 passed in Misc. Notice No.152of2006.

(2.) As a consequence of above, Execution Application No.605 of2015 seeking execution of consent decree passed in RAE Suit No.1 115/998 of 2004 came to be moved. In the said proceedings, Application-Exhibit-19 came to be moved by decree holder objecting Application-Exhibit-18 which was taken out by the Respondents-judgment debtors for setting aside the order dated 12/2/2013.

(3.) The Application-Exhibit-19 moved by the decree holder came to be allowed by the Trial Court by order dated 28/09/2017 in which it is ordered that Application-Exhibit-18 filed by the Respondents-judgment debtors for setting aside the order dated 12/02/2013 is not maintainable.