DELICAN SHADAP Vs. DAL NONGTRI

JUDGEMENT

(1.) This revision application under Article 227 of the Constitution, has been filed seeking the supervisory jurisdiction of this Court to quash and set aside order dtd. 18/2/2020, passed by the Court of the Assistant to Deputy Commissioner, Ri Bhoi District in Execution Case No. 1 of 2019. The case of the petitioner is that Title Suit No. 4 of 2016 was instituted by the petitioners as plaintiffs before the Court of the Assistant to Deputy Commissioner, Ri Bhoi District, Nongpoh, which in the course of proceedings resulted in a compromise between the parties. Thereafter, a compromise petition dtd. 7/6/2016, was filed before the Court below and the entire suit was disposed of by order dtd. 4/7/2016.

(2.) Due to the non-compliance of the terms of compromise by the respondents, the petitioners approached the Learned Lower Court for execution of the compromise deed dtd. 4/7/2016, vide Execution Case No. 1 of 2019. The Learned Court below vide orders dtd. 2/7/2019 and 13/8/2019, was pleased to appoint a Bailiff to act as a mediator to conduct local inspection to make proper measurements of the respective lands of the parties and to file report before the Court, which was filed on 19/8/2019. It appears that the respondents through their counsel had filed objection in the said Execution Case and the Learned Court below entertained their objection and disposed of the suit vide the impugned order dtd. 18/2/2020, by holding that there was no decree drawn up in terms of the compromise agreement dtd. 4/7/2016, leaving the parties to solve their own disputes and concluding by allowing the objection application of the respondents against the application for execution, which had been made by the petitioners under Order 21 Rule 15 of the CPC. Being aggrieved thereby, the petitioners are before this Court.

(3.) Before coming to the merits of this revision, it is noted that, inspite of service of notice since 30/10/2020, the respondents No. 1 and 2, have chosen not to appear. This Court thereafter, on several dates that is on 2/12/2020, 16/12/2020 and 17/2/2021 adjourned the matter giving opportunity to the respondents to make appearance, but however, as no appearance was forthcoming on their behalf, by order dtd. 18/3/2021, it was ordered that the matter proceed ex-parte against the respondents No. 1 and 2, and the records were requisitioned from the Lower Court.