SHESHRAO Vs. ASARAM

JUDGEMENT

(1.) Heard learned counsel for both sides. The revision application is admitted and taken up for hearing finally with the consent of both sides.

(2.) The present revision application has been filed by the petitioner Judgment Debtor against order dated 23.10.2013, passed below Exh.14, under Section 47 of the Civil Procedure Code, 1908 (hereinafter referred to as CPC for short) in Special Darkhast No.6/2012 pending before the Civil Judge, Senior Division, Beed, rejecting the application of petitioner Judgment Debtor and holding that the execution petition was maintainable.

(3.) The case of the petitioner is that, between the parties there was Special Civil Suit No.13/2006 for partition and separate possession and in that matter compromise took place on 6.12.2007. As per clause 4 of the compromise, Judgment Debtor had to pay Rs.6 Lakhs to the respondent Decree Holder before executing sale deed of the property concerned in favour of third party. It was stated in the clause that decree holder will give consent on sale deed only after receipt of the amount. According to the petitioner- Judgment Debtor, he paid the decree holder Rs.3,50,000/- on 6.11.2008 and got an agreement written, wherein amount was acknowledged. It was assured that, remaining amount of Rs.2,50,000/- would be paid on the date of execution of sale deed. The concerned sale deed came to be executed on 11.11.2008 and before that, the balance of Rs.2,50,000/- was paid to the decree holder in cash, and in view of the same, the decree holder and his family members signed on the sale deed as consenting party. In spite of such satisfaction of the compromise decree, after four years the decree holder filed the execution proceedings. Thus, the decree holder raised objections that the amount has been paid and the decree was satisfied and no more could be executed.