ROBIN GUPTA Vs. STRATFORD EDUCATIONAL MANAGEMENT PVT.LTD

JUDGEMENT

(1.) This order will dispose of CR No.4701 of 2019 and COCP No.1810 of 2020 as decision in the Civil Revision would have bearing qua adjudication of COCP.

(2.) Challenge in the present petition has been directed against order dtd. 3/12/2016 (Annexure P-1) passed by the Additional Civil Judge (Senior Division), Panchkula whereby execution application filed by the petitioner has been dismissed.

(3.) A brief backdrop of the case is that the petitioner filed a suit for specific performance of agreement to sell dtd. 8/6/2012 in respect of SCO No.370, Sector 8, Panchkula measuring 1053.42 square meters built upto triple storey and the plot underneath, agreed to be sold by respondent No.1 through respondent No.2 for sale consideration of Rs.9,95,00,000.00. During pendency of the suit, parties arrived at settlement recorded in the compromise deed marked as Ex.C-1 and C-2. In pursuance of the settlement, an application was filed for passing consent decree on the basis of compromise deed dtd. 9/4/2014. The application was taken up in the Lok Adalat on 12/4/2014. Statements of parties namely Sh. Sukhpreet Singh Chauhan- respondent No.2 for himself and on behalf of respondent No.1, petitioner - Robin Gupta and one Sh. Dinesh Singla - plaintiff No.2 therein were recorded. On the basis of statements of parties particularly the last lines of statement of petitioner - Robin Gupta, the suit was dismissed as withdrawn and Court fee was refunded to the petitioner. The petitioner filed application for execution claiming that the JDs may be directed to comply with compromise deed Ex.C-1 and execute and register the sale deed as per compromise deed Ex.C-1 and statement made on oath before the Court. In the alternative, a prayer was made that a Clerk of the Court be deputed to get the sale deed executed and registered in respect of the suit property as per terms and conditions of compromise deed Ex.C-1 and order dtd. 12/4/2014 and decree holder be put into possession of the said property. The executing Court dismissed the execution application with the observations that neither there is any judgment nor any decree regarding which the execution has been filed. Since there is no decree, the execution application is not maintainable and hence dismissed.