SHAIK HASAN SAHEB Vs. A V SUBBA REDDY

JUDGEMENT

(1.) THE respondent filed OS no. 770 of 2002 in the Court of III Additional senior Civil Judge, Vijayawada, against the petitioner for recovery of certain amount. The suit was decreed, ad after it became final, the respondent filed EP No. 46 of 2003. In that EP the petitioner filed EA No. 658 of 2004, under Rule 2 of Order 21 CPC with a prayer to record full satisfaction of the decree. It was mentioned that several suits were filed by the respondent against the petitioner, and the subject-matter of all the suits, including the one, in OS No. 770 of 2002, was settled for a sum of Rs. 9,50,000/ -. A deed of settlement is said to have been executed on 28. 9. 2003, mentioning the number of various suits, and when it was found that OS No. 770 of 2002 was not included in it, a supplemental document was executed on 30. 9. 2003. With these averments, the petitioner prayed for recording full satisfaction of the decree, in OS No. 770 of 2002. The respondent opposed the application, and stated that the subject-matter of the said suit was not compromised, at all.

(2.) THE executing Court conducted trial of the matter, and through its order dated 9. 6. 2005, it rejected the application. Hence, this CRP.

(3.) HEARD Sri V. S. R. Anjaneyulu, learned Counsel for the petitioner, and sri Koti Reddy, L, learned Counsel for the respondent.