NETHIPADI SWARNALATHA Vs. MARADANA SESHAGIRI RAO

JUDGEMENT

(1.) Heard Sri T.S.B.V.Rama Reddy, learned counsel for the petitioner.

(2.) The petitioner is the judgment debtor in O.S.No.215 of 2021 in the Court of the VI Additional Civil Judge(Senior Division), Visakhapatnam. The plaintiff/respondent is the decree holder. O.S.No.215 of 2021 was decided vide the award of the Lok Adalat dtd. 12/11/2022 in terms of the compromise entered into between the plaintiff and the defendant of that suit i.e. the present petitioner. For execution of said award as decree of the Court, E.P.No.226 of 2023 was filed by the decree holder under Rules 54, 64 to 66 of Order XXI of the Code of Civil Procedure.

(3.) Learned counsel for the petitioner submits that in the Lok Adalat award, in terms of the settlement as per clause (3), to which attention of this Court has been drawn at page No.11 of the petition, the same plaintiff/decree holder had filed O.S.No.220 of 2022 on the file of the III Additional Junior Civil Judge, Visakhapatnam for recovery of certain amount against the brother of the defendant(the present petitioner). The same was pending and there the date was fixed as 3/11/2022. As per the terms of settlement in clause (3), the plaintiff had agreed to 'not press' O.S.No.220 of 2022 on the date fixed on 3/11/2022.