KARAM SINGH Vs. GURMAIL KAUR

JUDGEMENT

(1.) The defendant/accused is the petitioner. He is aggrieved by order dtd. 22/12/2021 passed by the Executing Court whereby his objections to the execution preferred by respondent No. 1 have been dismissed.

(2.) Respondent No. 1 had filed a civil suit for possession as well as a criminal complaint under Sec. 420 IPC against the petitioner and respondents No. 2 and 3. The matter was compromised vide written compromise dtd. 18/1/2017. In terms of the compromise, the defendants/accused were required to pay a sum of Rs.7,50,000.00 on or before 15/6/2017. In case of failure to make the payment, the plaintiff/complainant ' respondent No. 1 was at liberty to reopen the cases and to file a contempt petition.

(3.) It is evident that the compromise has fallen through and money in terms thereof has not been paid. Thus, the plaintiff/complainant'respondent No. 1 preferred an execution. The petitioner filed objections thereto which have been rejected. The Executing Court has held that the order passed on the basis of the compromise is an executable decree and the objection that execution is not maintainable has no merit.