Final Order 1

Order Details: Other
Pdf Text: 02
09/10/2023
EXE APP.
95/19 @ SUM
24/18
Exh-2
CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Prachi Jain for decree holder is present.
Adv. Amogh Patker for defendant/judgment debtor is present.
Consent terms filed. It is marked as Exh-2.
Order below Exh-1
Counsel for the decree holder submits that compromise is
arrived at between the decree holder and judgment debtor
and the consent terms were reduced in wirting. She further
submits that the decree holder has received the amount of
Rs.33,00,000/- as amount of compromise towards the
decreetal amount. The counsel for the Judgment debtor is
present and he also submits that in view of the compromise,
the Judgment debtor has paid the amount as per the consent
terms to the decree holder. The counsel for the decree holder
has filed affidavit in support of consent terms and the consent
terms. On this backdrop, the counsel for the decree holder
prayed for disposal of the execution proceedings in terms of
the consent terms. As the decree holder is absent, for the
purpose of disposal of the present execution proceeding,
without verification of consent terms, the consent terms
cannot be acted upon.
However, the fact is that the decree holder is absent and for
the purpose of taking steps he is not coming forward perhaps
because of the compromise arrived in between him and the
judgment debtor. The fact is that the decree holder is absent.
He is not taking steps to proceed with the execution
proceeding. Hence, execution proceeding is hereby dismissed
for want of prosecution.
Judge
-- 1 of 1 --