Allahabad High Court
Raj Kumar vs Jaitun Nisa And Others on 23 January, 2020
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - C No. - 61320 of 2007 Petitioner :- Raj Kumar Respondent :- Jaitun Nisa And Others Counsel for Petitioner :- J.H. Khan,Gulrez Khan,W.H. Khan Counsel for Respondent :- Alok Kr. Yadav,Manoj Kumar Yadav,S.C. Hon'ble Pankaj Bhatia,J.
Heard counsel for the petitioner and perused the material available on record.
The present petition has been filed challenging the order dated 20.11.2007 passed by the Additional District Judge, Court No.3, Bhadohi Gyanpur and the order dated 3.5.1994 passed by the Civil Judge, Gyanpur.
The counsel for the petitioner argues that on the basis of a compromise decree dated 7.11.1985 the petitioner had filed execution application. In the said execution application, the respondents filed their objections. The counsel for the petitioner submits that in terms of the compromise decree a sale deed was executed in his favour on 17.2.1994 and, thus, the execution application was itself rendered infructuous, however, as the said fact was not informed to the executing Court, the executing Court proceeded to dismiss the execution application on merits vide order dated 3.5.1994.
A revision was filed against the said order dated 3.5.1994 and specific ground was raised that a sale deed in pursuance to the compromise decree had already been executed on 17.2.1994. The revision, however, was dismissed on merits by the revisional Court vide order dated 20.11.2007 upholding the order dated 3.5.1994. The counsel for the petitioner argues that on the execution of a sale deed in terms of the compromise on 17.2.1994 the execution application was rendered infructuous and, thus, the two orders passed by the Civil Court as well as the revisional Court were wrongly passed and the matter should have been dismissed as having become infructuous as the decree stood satisfied in between the parties to the compromise decree. The said submission merits acceptance. On 17.2.1994 the execution application was rendered infructuous and the decree stood satisfied.
In view of the said two orders, impugned in the present petition deserves to be set aside. Accordingly, the order dated 20.11.2007 passed by the Additional District Judge, Court No.3, Bhadohi Gyanpur and the order dated 3.5.1994 passed by the Civil Judge, Gyanpur are set aside.
It is however, clarified that this Court is not going into the question of merit of title or possession over the property in question as setup by the petitioner or the respondents.
The writ petition is finally disposed off in terms of the above said order.
Order Date :- 23.1.2020 Hasnain