MOHAR SINGH Vs. GAJENDRA SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 27/6/2019 passed by 14 th Civil Judge, Class-I, Gwalior in MJC No.70/2018 arising out of Civil Suit No.60A/2016 X 18, by which the execution proceedings have been dropped.

(2.) The necessary facts for disposal of the present petition in short are that the suit for specific performance of contract and permanent injunction was filed by the petitioner against the respondent. It appears that during the pendency of the suit, the matter was referred to the Mediator before whom the matter was compromised and it was agreed by the respondent that within a period of one year he would execute a sale deed in favour of petitioner and he also admitted the agreement to sell. It was also mentioned by the Mediator that in case if the sale deed is not executed, then the petitioner shall have a right to get the same executed by execution of the order. Accordingly, a report was given that the mediation proceedings have succeeded. It appears that no compromise decree was passed and later on, as the respondent did not execute the sale deed, therefore, the petitioner filed the execution proceedings. By order dated 27/6/2019 passed by the 14th Civil Judge, Class-I, Gwalior passed in Execution Case No.70/2018 held that the proceedings taken before the Mediator are not executable and it appears that in the light of the mediation proceedings, no further action was taken before the Civil Court and accordingly, the execution was dismissed being not executable.

(3.) Challenging the order passed by the court below, it is submitted by the counsel for the petitioner that since the matter was sent to Mediator and both the parties had decided to resolve their dispute and it was agreed by the respondent that he shall execute the sale deed within a period of one year, failing which a liberty was given to the petitioner to initiate execution proceedings and accordingly, the Executing Court committed a glaring mistake in rejecting the execution proceedings.