MOHAMMAD YASIN Vs. BABA UJAGGAR SHAH AND OTHERS

JUDGEMENT

(1.) THE suit of respondent No.1 for recovery of Rs.61,600/ - along with interest at the rate of 1 % per annum from the date of suit till the date of decree and 6% from the date of decree till realization along with costs was decreed against the petitioner. The said decree dated 28.5.2001 has attained finality.

(2.) RESPONDENT No.1 filed an execution application in which objections were filed which were dismissed by the Civil Judge (Jr. Division) Patiala vide order dated 17.1.2006. The petitioner challenged the aforesaid order by filing an appeal in the Court of District Judge, Patiala which was dismissed under Order 41 rule 17 CPC vide order dated 12.12.2006 as none had appeared on behalf of the petitioner. Thereafter, vide order dated 18.1.2008, the Executing Court put the property of the petitioner on sale.

(3.) IT is relevant to mention that there was an effort to settle the dispute between the parties on 28.4.2009. The petitioner offered to pay a sum of Rs.40,000/ - in full and final satisfaction of the impugned decree. The petitioner was directed to bring the aforesaid amount as far as his offer to show his bona fides is concerned. However, today the petitioner has shown his inability to bring the amount. Thus, this Court is convinced that the petitioner has no intention to pay even the amount as per offer given by him and thereafter, the matter was heard on merits.