KASHMIRI LAL Vs. KISHORI LAL

JUDGEMENT

(1.) This order shall dispose of the present petition (objections to the execution petition) filed by JD seeking dismissal of the execution petition.

(2.) The complaint is that the consent decree cannot be executed against him because the land measuring 171.91 square meters, which could have been sold pursuant to it could not be sold being attached in terms of the interim order passed by learned District Judge, Hamirpur in Civil Suit No. 2 of 2012 and the revenue authorities did not release the same from attachment despite requests made. As a result thereof he could not dispose of the land in question and refund a sum of Rs.75,00,000/ - to the petitioner DH in installments in terms of the consent decree sought to be executed in these proceedings.

(3.) Having gone through the record and also hearing learned counsel on both sides, it is apparent that Civil Suit No. 81 of 2011 was filed by petitioner -DH in this Court for specific performance of the agreement to sell and also recovery of damages to the tune of Rs.5,00,000/ - against the respondent -JD. One more suit; Civil Suit No. 2 of 2012 was filed by the plaintiff against the defendant again for the decree of specific performance of the agreement in the Court of learned District Judge, Hamirpur. The property agreed to be sold in both suits were different. During the pendency of the suit in this Court, the parties, in an outside Court settlement, have settled the dispute amicably. The terms and conditions, on which the amicable settlement arrived at, were reduced into writing and tendered by the plaintiff in his statement recorded on 26.7.2013 (Ex.C -1). The statement of respondent -JD was also recorded and they both have agreed for the decision of the suit in view of the compromise Ex.C -1. In terms of the compromise decree, the JD had either to refund a sum of Rs.75,00,000/ - in three installments of Rs.25,00,000/ - each payable by 31.7.2014, 31.7.2015 and 31.7.2016 or to execute the sale deed in favour of the petitioner/DH. He was allowed to dispose of land measuring 171.91 square meters entered in Khata No. 50, Khatauni No. 56, Khasra No. 628/531 and 630/536 in order to generate funds to pay the decretal amount.