Through this Execution First Appeal, the appellant has challenged the vires of order dated 19.01.2019 whereby the learned executing Court consigned the file of execution petition to the record room after satisfaction of the decree.
2. Brief facts of the case are that the appellant / plaintif f filed suit for recovery of Rs. 15,00,000/- under Order )
(XXVII CPC on the basis of pronote. The said suit was decreed vide judgment & decree dated 5.12.2017. In the execution petition of the appellant a compromise was effected between: the parties with some terms and conditions. Under the said compromise the respondent / judgment debtor paid the settled amount whereafter the learned executing Court after satisfaction of the decree consigned the petition to the record room vide order dated 19.01.2019. Hence this appeal on the ground that the respondent/judgment debtor has not fulfilled the terms and conditions of the compromise, as such, main judgment & decree became restored for execution.
5. I have heard the arguments advanced by the learned counsels for both the parties and gone through the record with their able assistance.
6. The agreement was made between the parties which is available on record as Mark-A. For ready reference, operative part of the terms of the compromise (Mark-A) is reproduced as under:- {{URDU TEXT}} And the parties recorded their statements on 30.08.2018 which are as under:-- {{URDU TEXT}} After the compromise the respondent make payment of the agreed amount as detailed below:- Sr.No. Date of payment Amount 1 30.08.2018 340000 2 22.09.2018 135000 3 24.11.2018 220000 4 21.12.2018 165000 5 19.01.2019 90000 Total 9,50,000 All the above amounts were received by the plaintif f /appellant without any objection and in this way, total agreed amount was received by him and there is nothing outstanding against the respondent-, as such, execution was rightly consigned to the record room by the learned executing Court after satisfaction of the decree, which does not suffer from any legal infirmity .
7. As discussed above, this appeal has no merit and the same is hereby dismissed.