Application in hand has been filed on behalf of Citibank with the following prayer:--"In the light of the above, it is most respectfully prayed that the present application may kindly 'be accepted and a consent decree may kindly be passed in terms of the agreement dated 24-12-2004 by modifying the decree passed by the trial Court."
The application has been resisted on behalf of the respondent.
2. Learned counsel for the applicant submits that instead of dismissal of the appeal, the consent decree in terms of the settlement agreement be passed. Conversely, the learned counsel for the respondents states that the copy of the settlement agreement was placed on record of the learned Executing Court and in view thereof, the execution petition has been adjourned sine die.
3. After hearing the learned counsel for the parties and upon the examination of the available record, we find that the appeal (R.F.A. No.817 of 2002) wherein the present application has been filed, was fixed before this Court on 28-3-2005, on which date both the learned counsel placed on record the copy of settlement agreement dated 24-12-2004 stating that the subject-matter of the appeal stood amicably settled between t he parties, whereupon this Court dismissed the appeal having become infructuous.
4. As noted above upon filing of the copy of the settlement agreement, which still exists on record, the appeal was dismissed, as no live issues were left to be decided. It is not the case of the applicant that some issues in the appeal arc still undecided. After the dismissal of the appeal, that too in the presence of both the learned counsel, and in view of the fact that the copy of the. settlement agreement had already been placed on record of this Court and the executing Court as well, no consent decree can be passed. Additionally, at present no appeal is pending before this