GYAN CHAND GUPTA Vs. LACHI RAM KASHYAP

JUDGEMENT

(1.) The petitioner is the Decree Holder, who aggrieved by the dismissal of his application under Order 21 Rule 11 of the Code of Civil Procedure (for short 'CPC') and further aggrieved by the acceptance of the objections filed by the respondents/Judgment Debtors, has filed the instant petition under Sec. 115 of CPC. The parties shall be referred to as the 'Decree holder' and the 'Judgment debtors'.

(2.) The facts giving rise to the dispute are that the Decree Holder (for short 'DH') filed a suit for recovery of Rs.2,50,000.00 against the Judgment Debtors (for short 'JDs') before the learned trial Court. On 15.10.2004, the same was compromised before the learned trial Court and the following order came to be passed:

(3.) According to the DH, even though some amount was paid by the JDs, but the same had not been paid within the stipulated period as per the compromise and therefore, he filed an Execution Petition.