ABDUL RAHIM KHAN Vs. TAJ BAGH COMMITTEE

JUDGEMENT

(1.) THE challenge in this petition is to the order dated 4th April, 2003, passed below Exh.9 and 108 by the executing Court in Regular Darkhast No. 289 of 1969. The objections raised to the executability of the compromise decree passed on 11.11.1957 in Section Appeal No. 248 of 1950 by this Court are accepted and the execution proceedings are dismissed. Hence, the legal heirs of the original decree holder are before this Court in this writ petition.

(2.) IN Second Appeal No. 248 of 1950, decided by this Court on 11.11.1957, the terms of settlement were recorded as under;

(3.) REGULAR Darkhast No. 289 of 1969 was filed by the appellant decree holder alleging that they were not given possession of 64.92 acres of land in terms of clause (3) of the aforesaid compromise accepted by this Court. On 10.10.1969, the objections raised at Exh. 9 were rejected by the Executing Court. Regular Civil Appeal No. 355 of 1969 was allowed remanding the matter back to decide the objections afresh. Second Appeal No. 183/1972 was preferred before this Court. The respondent judgment debtor filed a pursis in Second Appeal No. 183 of 1972. The contents of which are reproduced below (taken from the judgment of this Court in Civil Revision Application No. 9869 of 1988, delivered on 1st March, 1989);