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Nr
L2.09.20LL
Present: Mr.Jayant K.Mehta and Mr.Sukant Vikram, Advocates for the APPellants.
CM No.19900/2011
Allowed subject to just exceptions.
+ FAO(OS) Nos.437-438,/2011 & CM No.1QB99/2011
* The grievance of the appellants is that despite having entered into compromise, the respondents having appropriated the monies under the compromise, the appellants which include a senior citizen, are being ma.de to run from pillar to post for implementation of the compromise. lt is their say that the decree sheet has not been drawn up and So execution of the decree is not possible. The decree sheet has apparently not been drawn up on account of the stamp paper not being deposited by the appellants. The appellants claim that there is no need for a decree to be drawn up on stamp paper aS there is no division of the property by metes and bounds and only a share of one of the co-owners (respondents) has been purchased and this issue is stated to be covered by various authoritative pronouncements of the Supreme Court and this Court.
The respondents appear to be evading service as per the material placed on record and the appellants have already moved an application seeking issuance of bailable warrants to ensure their production. All these applications are listed before the learned Single Judge on 15.09.20IL.
FAO (OS) Nos.43 7-438/20 I I Page L of2
I i_f e.
2011:DHC:10976-DB
3.
!* t-r We do not want to interfere with the matter at this stage as the learned Single Judge is in seisin of the dispute and no order as yet has been Passed. we have no doubt that the learned single Judge is fully empowered to enforce the attendance of the respondents by bailable warrants in case the respondents are evading service.
The importance of an early resolution of this dispute arising after a compromise will naturally be appreciated by the learned Single"
Judge.
Learned counsel for the appellants does not press the appeal at this stage in view of what we have observed aforesaid.
Dismissed as withdrawn with the aforesaid observations.
Dasti to learned counsel for the appellants.
#
SANJAY KISHAN KAUL, J.
C)
'(^-\JA:/ -
.l
\ SEPTEMBER 12, 2OLL dm
RAJIV SHAKDHER, J.
FAO (OS) Nos.43 7-438/20 I I
2011:DHC:10976-DB
Nr
L2.09.20LL
Present: Mr.Jayant K.Mehta and Mr.Sukant Vikram, Advocates for the APPellants.
CM No.19900/2011
Allowed subject to just exceptions.
+ FAO(OS) Nos.437-438,/2011 & CM No.1QB99/2011
* The grievance of the appellants is that despite having entered into compromise, the respondents having appropriated the monies under the compromise, the appellants which include a senior citizen, are being ma.de to run from pillar to post for implementation of the compromise. lt is their say that the decree sheet has not been drawn up and So execution of the decree is not possible. The decree sheet has apparently not been drawn up on account of the stamp paper not being deposited by the appellants. The appellants claim that there is no need for a decree to be drawn up on stamp paper aS there is no division of the property by metes and bounds and only a share of one of the co-owners (respondents) has been purchased and this issue is stated to be covered by various authoritative pronouncements of the Supreme Court and this Court.
The respondents appear to be evading service as per the material placed on record and the appellants have already moved an application seeking issuance of bailable warrants to ensure their production. All these applications are listed before the learned Single Judge on 15.09.20IL.
FAO (OS) Nos.43 7-438/20 I I Page L of2
I i_f e.
2011:DHC:10976-DB
3.
!* t-r We do not want to interfere with the matter at this stage as the learned Single Judge is in seisin of the dispute and no order as yet has been Passed. we have no doubt that the learned single Judge is fully empowered to enforce the attendance of the respondents by bailable warrants in case the respondents are evading service.
The importance of an early resolution of this dispute arising after a compromise will naturally be appreciated by the learned Single"
Judge.
Learned counsel for the appellants does not press the appeal at this stage in view of what we have observed aforesaid.
Dismissed as withdrawn with the aforesaid observations.
Dasti to learned counsel for the appellants.
#
SANJAY KISHAN KAUL, J.
C)
'(^-\JA:/ -
.l
\ SEPTEMBER 12, 2OLL dm
RAJIV SHAKDHER, J.
FAO (OS) Nos.43 7-438/20 I I
2011:DHC:10976-DB
JUDGMENT