BANSHILAL Vs. SMT. LAKSHMI BAI

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by the orders dated 12.07.2017 and 16.08.2017 passed by the Executing Court in Execution Case No.18-A/07-10.

(2.) The facts of the case reveal that in respect of the dispute between the parties, a compromise decree was passed on 04.08.2007 and the petitioner was required to pay total sum of Rs. 1,50,000/- to the defendant in five easy installments. In spite of the fact that compromise decree was passed on 04.08.2007, the amount was not paid to the defendant and in those circumstances, she has preferred execution proceedings.

(3.) During the pendency of the execution proceeding, number of opportunities were granted to the present petitioner, however, he has not paid the amount as per the judgment and decree and in those circumstances, the application preferred by the petitioner under Order 21 Rule 37 of the Code of Civil Procedure has been rejected and the trial Court has observed that the petitioner be sent to Civil jail.