SHASHI KUMAR BABUNA Vs. MAHENDRA KUMAR AGARWAL

JUDGEMENT

(1.) Heard learned counsel for the petitioners judgment-debtors and learned counsel for the opposite party decree-holder.

(2.) The petitioners are aggrieved by the impugned order dated 24.06.2013, passed by the learned Civil Judge (Senior Division)-II, Dhanbad, in Execution Case No.2 of 2009, whereby the application dated 4.01.2012 filed by the judgment-debtor for rescinding the contract, was rejected and the decree-holder was directed to deposit the balance amount of the consideration in favour of the judgment-debtor, for execution of the contract, so that the compromise decree be executed.

(3.) The facts of the case lie in a short compass. The parties entered into an agreement on 18.04.2005, for sale of the suit property, i.e., house with 30 kathas of land situated in Dhanbad, fully discribed in Schedule-A to the plaint, by the defendants petitioners to the plaintiff respondent. As the said agreement could not be followed, the suit for specific performance of the contract was filed by the opposite party herein. The said suit was compromised between the plaintiff and the defendants on 11.11.2008, pursuant to which the compromise decree was passed. The relevant portions of the compromise, as detailed in paragraph 3 of the compromise petition, are quoted herein below:-