In a civil revision regarding execution of a possession decree, parties reached a compromise where the petitioner would pay Rs. 1,70,000/- to relinquish the decree holder's claim over a specific portion of the property, rendering the revision infructuous.
Revision petition disposed of as infructuous due to compromise between parties.
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Civil Revision No.6601 of 2011(O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH .
Civil Revision No.6601 of 2011(O&M)
Date of Decision:-29.11.2011
Partap Singh .
......Petitioner.
Versus
Mohar Singh & Ors .
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:Mr. Ajay Jain, Advocate for the Petitioner.
Mr. Shashi Kumar Yadav, Advocate for Respondent no.1.
JASWANT SINGH, J.(ORAL)
Judgment debtor no.2-Partap Singh(hereinafter referred to as the petitioner) in the instant revision petition under Article 227 of the Constitution has assailed the order dated 28.07.2011(P-4) whereby the learned Executing Court has dismissed his objections.
Decree Holder/respondent no.1 Mohar Singh is the real uncle (Chacha) of petitioner Partap Singh. Mohar Singh filed a suit for possession in respect of the suit property with the allegations that his defendant/brother Kanwar Singh and his three sons Partap Singh, Satya and Pappu had illegally encroached upon his property. The suit was decreed vide judgment and decree dated 04.05.2006(P-1). In the execution filed by Mohar Singh, petitioner Partap Singh filed objections stating therein that he is serving in the army and had constructed a house from his hard earned
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Civil Revision No.6601 of 2011(O&M)
money a long time back on a small portion of the suit property. He has further stated that he has no other house in the village whereas his uncle was residing in some other village. He also raised the issue of title with the submission that he had not been properly represented in the suit since his signatures had been fabricated by his co-defendants. The objections were dismissed vide impugned order dated 28.07.2011 wherein it was noticed that the same grounds had been taken by Partap Singh in the appeal filed by him against the decree dated 04.05.2006. Hence the present revision petition.
At the time of arguments before this court, the prayer made was for amicable settlement to protect his sole residential house in the village and accordingly notice was issued to the decree holder-Mohar Singh.
At the time of hearing both Partap Singh and Mohar Singh are present in the Court and have been duly identified by their Counsel. It has been agreed between them that Partap Singh would pay a total sum of Rs.1,70,000/- in two equated installments by way of demand drafts. The first installment would be paid on or before 28.01.2012 and the second on or before 28.04.2012. Mohar Singh has accepted the proposal and has stated that on receipt of such payment he would relinquish his title, right and interest in the portion denoted as EFGH in the site plan Ex.PW-1/A of the suit property in possession of Partap Singh. He has further stated that on receipt of such payment the decree would stand satisfied. Their statements have been separately recorded.
In view of the agreed stand this revision petition is disposed of as having become infructuous in view of compromise arrived at between the parties as reflected in their respective statements. It is clarified that if the
Civil Revision No.6601 of 2011(O&M) #3#
petitioner does not adhere to the mode and schedule of payment, the present revision petition shall be deemed to be dismissed without any further reference to this Court.
Disposed of in the above terms.
( JASWANT SINGH ) JUDGE November 29, 2011 Vinay
Partap Singh
Mohar Singh
JASWANT SINGH
As recorded by the court registry
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