LAWS(CAL)-2005-2-82

CIVIL REVISIONAL JURISDICTION DIPALI BISWAS Vs. NIRMALENDU MUKHERJEE

Decided On February 11, 2005
CIVIL REVISIONAL JURISDICTION DIPALI BISWAS Appellant
V/S
NIRMALENDU MUKHERJEE Respondents

JUDGEMENT

(1.) The petitioners were the defendants in a suit instituted before the Trial Court for recovery of money. The suit was decreed against the petitioners and put into execution. A Money execution Case No. 2 of 1975 was started. In the aforesaid execution proceeding, the property of the petitioners was put up for sale in order to satisfy the decretal debts due to the plaintiffs in that suit. The opposite parties purchased the property of the petitioners at a sum of Rs. 5500/- in an auction sale. The petitioners challenged the sale under Order 21 Rule 90 of the C. P. C. The challenge thrown by the petitioners failed.

(2.) During further proceedings challenging the aforesaid order the petitioners and the opposite parties tried to settle the matter on the basis that the opposite parties shall go out of the picture and give up all their rights and claims in respect of the property purchased by them in the event the entire dues of the auction purchaser were paid or deposited in court within 15th December, 1980 by the petitioners. The conditional compromise-application filed by the contesting parries is annexure P-l to this application.

(3.) The petitioners deposited a sum of Rs. 3,700/- to the credit of the decree holder in court which was duly withdrawn by the decree holder with consent of the petitioners as would appear from annexures P-2, p-3 and P-4. The decree, thus stood satisfied.