Order 1

Order Details: Other
Pdf Text: Dt: 17.01.2020
SUM 755/17 @
SJ 78/18
CORAM : H.H.J SHRI. DEEPAK L.
BHAGWAT(C.R.NO.28)
Adv. Hussain for plaintiff. Plaintiff present.
Adv. Vishal Jathar for defendant. Defendant present.
The Ld Advocate on behalf of the defendant sought time
for balance payment as per the consent terms. He
submitted that 25% amount has been already paid.
This court had already noted in the noting dtd.03.01.2020
that irrespective of payment/failure of the payment on
behalf of the defendant the decree will be automatically
pass since the consent terms were already filed on
11.09.2019 and those were accepted by the parties. Even
the para 19 of the consent terms Exh.8 state that the
parties agree that this summary suit is to be disposed as
amicably settled in accordance with the consent terms.
Thus, the suit has to be disposed by passing decree as per
the consent terms. Whatever rights and liabilities accrued
to the parties by virtue of the consent terms may be
executed in the execution proceedings, for the reason of
satisfaction of i.e. Execution of the terms of settlement as
per the consent terms, the suit cannot be kept in abeyance.
Even otherwise keeping the suit pending or in abeyance
inspite of the consent terms between the parties, will delay
the passing of the decrees and further execution of the
rights as per the decree. In this background, the suit has to
be disposed as per the consent terms. Hence, the suit is
decreed as per the consent terms Exh.8. Parties to bear
their own cost. Accordingly, SJ 78/18 is also disposed.
Decree be drawn up accordingly.
Judge
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