sum of Rs.33,03,000/- by cheque and Rs.2,83,000/- in cash aggregating to a sum of Rs.35,86,000/-. According to the learned counsel for the applicant the agriculturists had agreed to execute the conveyance either in favour of the applicant or his nominees. The applicant and the complainant entered into agreement dated 27.10.06 where under the present applicant assigned the rights in favour of the complainant in lieu of agreed consideration. To be on safer side the complainant insisted that the agreement should also be signed by the allottees and thus a tripartite agreement was entered into between the applicant, complainant and the allottees. It does appear that on account of passage of time the value of the property appreciated and the allottees were reluctant to execute the documents which gave rise to civil litigation between the parties. The applicant filed a suit for specific performance of agreement against the allottees. The suit came to be compromised and compromise decree came to be passed. At later point of time the complainant filed a suit yet again for specific performance of agreement against the allottees and the present applicant. The applicant was impleaded as defendant No.7 in the suit. The complainant entered into a settlement with the allottees and hence the suit came to be decreed in favour of the complainant and against the allottees under consent decree dated 6.12.08. The present applicant was deleted as defendant in the suit. It is only after the suit filed by the complainant came to be decreed in consent terms on 6.12.08 that the present complaint came to be filed on 3.2.09. I am taken through all the agreements and documents on record. Prima facie it can be seen that the dispute predominantly is of civil nature.
