BADRILAL GALODIYA Vs. RADHESHYAM AGRAWAL

JUDGEMENT

(1.) The present petition has been filed against the order dated 04.09.2017 passed in Execution Case No.11-B/06x15.

(2.) The facts of the case reveal that on 21.07.2007, a money decree was filed on the basis of compromise between the parties and Rs.1,60,000/- was to be paid in installments. Rs.40,000/- was paid on the date of the order and remaining amount was to be paid in installment of Rs.30,000/- each starting from December 2007.

(3.) The petitioner's contention is that he has paid the amount of Rs.20,000/- on 26.12.2007, Rs.30,000/- on 29.06.2008, Rs.20,000/- on 28.11.2008, Rs.20,000/- on 25.05.2009 and Rs.30,000/- on 26.06.2009 and after every payment, the petitioner took the acknowledgment from the respondent on the back side of the judgment and decree dated 21.07.2007. The petitioner's contention is that after a lapse of about 9 year, on 30.06.2015, the respondent has filed an application for execution of judgment and decree dated 21.07.2007 before the Second Additional District Judge, Dewas claiming an amount of Rs.1,78,600/- stating that the decreed amount has not been paid. On 16.05.2017 an objection was raised and the copy of documents was also brought on record by which the respondent has acknowledged the payment time to time. However, the learned District Judge has dismissed the objection holding that the amount has not been paid as per Order 21 Rule 1 of the C.P.C.