NAZIR AHMAD BHAT Vs. SEHRISH SHAFI

JUDGEMENT

(1.) The petitioner has challenged order dtd. 11/11/2024 passed by learned 4th Additional District Judge, Srinagar, whereby, in an application filed under Order 12 Rule 6 CPC filed by him, a direction has been issued to the petitioner to make payment of Rs.10.00 lacs to the respondents in terms of compromise deed dtd. 31/7/2024 and to pay a further amount of Rs.86,50,000.00 to the respondents in terms of the said compromise.

(2.) It appears that the petitioner has filed a suit before the learned trial court seeking a perpetual injunction restraining the defendants (respondents herein) from causing any interference, annoyance and harassment to him by making illegal demand for refund of part consideration.

(3.) As per case of the plaintiff before the trial court, he had executed an agreement to sell on 8/10/2022, with defendant No.1, whereby he had agreed to sell immovable property situated at Rawalpora for a sale consideration of Rs.2.19 crores, out of which an amount of Rs.55.00 lacs was paid by defendant No.1 to the plaintiff at the time execution of the said agreement and that the remaining sale consideration of Rs.1.64 crores was promised to be paid by defendant No.1 upto 31 st March, 2023. It was alleged that defendant No.1 has paid only Rs.94.00 lacs to the plaintiff and he has failed to pay the balance sale consideration. The agreement to sell is stated to have been novated by another agreement dtd. 5/5/2023, whereby defendant No.1 undertook to pay the balance sale consideration of Rs.1.25 crores upto 15/5/2023.