Madhya Pradesh High Court
Smt. Noor Bibi vs Barkat Ali on 16 December, 2015
C.R.No.238/2015
16.12.2015
Shri Sajidulla Khan, learned counsel for the applicants.
Issue notice of this memo of revision on merits and
I.A.No.8661/2015 to the respondents, on payment of
Process Fee within seven days by registered A.D. and ordinary mode both, returnable in six weeks.
It is contended by learned counsel for the applicants that an objection with respect to the maintainability of the Execution Case was filed by the applicants who were non- applicants in the execution proceedings, but were plaintiffs in the suit, stating that since the amount in terms of the compromise decree was not paid by the respondents, the decree was in-executable and, therefore, the application for execution was liable to be rejected. Instead of considering such facts, the Executing Court has rejected the objection. Hence, this revision is required to be filed.
From perusal of the decree passed on compromise, it is clear that on payment of certain amount, the right of the applicants over the land in dispute was to be relinquished. Since such an amount was not paid, the respondents were not entitled to get the compromise decree executed.
Keeping in view the aforesaid, till next consideration of I.A. aforesaid, execution proceedings No.04-A/2013, between the parties, pending before the Civil Judge Class-II, Satna, shall remain stayed.
List immediately after six weeks for further orders on I.A. aforesaid.
Certified copy as per rules.
(K.K. Trivedi) Judge A.Praj.