RISHI RAJ CHAUHAN AND ORS. Vs. ARUN SHARMA

JUDGEMENT

(1.) Order dated 9.7.2014 of the lower court where decree dated 8.2.2013 based on compromise (Ex.C1) is pending execution, forms genesis of this revision petition. The judgment-debtors (for short, the JDs), petitioners herein, have claimed that the compromise goes beyond the pleadings of the parties and overflows from the relief originally sought by the plaintiff in the plaint. Rejecting claim of the JDs, the trial court has given its firm finding that the decree-holder is entitled for execution of sale deed in his favour.

(2.) In this revision petition, claim of the JDs, petitioners herein, that the decree dated 8.2.2013 is not commensurate with the relief sought by the plaintiff nor the Executing Court exceeding its jurisdiction could have ordered for execution of the sale deed in favour of the decree-holder, particularly when the suit in which the compromise was effected was simply for seeking a decree of permanent injunction and a separate suit seeking specific performance of the agreement dated 16.11.2012 is pending disposal and the same has been adjourned sine die at the request of the plaintiff as compromise was made in the earlier suit. It is claimed that even criminal complaint filed by the respondent-plaintiff before a criminal court alleging fraud and forgery against the judgment-debtors has been dismissed having been found to be of no merit and petitioners-JDs, accused therein, have been discharged therein.

(3.) Counsel for the respondent/decree-holder, on the other hand, has urged that collateral issues are inconsequential particularly when the decree under execution is based on compromise which was volitionally entered into by the petitioners-JDs. Referring to Order XXIII Rule 3 CPC, it is claimed that in compromise, the relief can go even far and beyond the one sought in the plaint and the decree cannot be said to be unexecutable even if it goes farther and beyond the relief sought in the plaint, if settlement between the parties permits grant of such relief to the plaintiff.