Karnataka

Kolar

EA/08/47

Ezhilarasi - Complainant(s)

Versus

The President - Opp.Party(s)

K.P.Murali

30 Jun 2012

ORDER

The District Consumer Redressal Forum
District Office Premises, Kolar 563 101.
 
Execution Application No. EA/08/47
 
1. Ezhilarasi
W/o Arjunan, R/o Arjunan Sweet Stall,Municipal Bus Stand,Robertsonpet,K.G.F.
 
BEFORE: 
 
PRESENT:
 
ORDER

In all these cases (EA 38/2008 to 52/2008), both parties have filed Compromise Petition which reads thus:

1.       Both the Decree Holder and the Judgment debtors above named had intended to settle the issue amicably at the intervention of wellwishers and panchayatdars and agreed to compromise the matter by giving sites formed in 2nd stage and also in the 3rd  stage.

 

2.       The Judgment debtors have agreed to give and register a site No.       measuring east-west 30 feet north-south 40feet situated at 2nd stage of BEML Layout, Petechamanahalli and the same is bounded on east :  Road, west: Vacant space, North: Park  and south: Site No. 2 in the name of the Decree Holder for a price of 4,32,000/- at the cost of the Decree Holder  The Judgment debtors have agreed to handover the possession on the date of the registration of the property in the name of the Decree Holder within       days from today.

 

3.       The Judgment debtor had agreed to deliver site bearing Nos.113 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east:9 meter road, west: site No.120, north:site No.114 and south: site No.112 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

4.       The Judgment debtor had agreed to deliver site bearing Nos.114 measuring east-west 30 feet north-south: 40 feet and  the same is bounded on east:9 meter road, west: site No.119, north:site No.115 and south: site No.113 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

5.       The Judgment debtor had agreed to deliver site bearing Nos.115 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east:9 meter road, west: site No.118, north:site No.116 and south: site No.114 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

 

6.       The Judgment debtor had agreed to deliver site bearing Nos.118 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: site No.115, west: 12 meter road, north: site No.117 and south: site No.119 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

 

 

 

 

 

 

7.       The Judgment debtor had agreed to deliver site bearing Nos.119 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: site No.114, west: 12 meter road, north:site No.118 and south: site No.120 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

8.       The Judgment debtor had agreed to deliver site bearing Nos.120 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: site No.113, west: 12 meter road, north:site No.119 and south: site No.121 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

9.       The Judgment debtor had agreed to deliver site bearing No.54 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: site No.39, west: 8 meter road, north: site No.53 and south: site No.55 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

10.   The Judgment debtor had agreed to deliver site bearing No.37 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east:9 meter road, west: site No.56, north:site No.38 and south: site No.36 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

11.   The Judgment debtor had agreed to deliver site bearing No.55 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: site No.38, west: 9 meter road, north:site No.54 and south: site No.56 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

12.   The Judgment debtor had agreed to deliver site bearing No.38 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east:9 meter road, west: site No.55, north:site No.39 and south: site No.37 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

13.   The Judgment debtor had agreed to deliver site bearing No.87 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: site No.85 west: 9 meter road, north: vacant space and thereafter 12 meter road, and south: site No.88 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

14.   The Judgment debtor had agreed to deliver site bearing No.85 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east:9 meter road, west: site No.87, north:site No.86 and south: site No.84 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

15.   The Judgment debtor had agreed to deliver site bearing No.88 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east:site No.84, west: 9 meter road, north:site No.87 and south: site No.89 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

16.   The Judgment debtor had agreed to deliver site bearing No.89 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: site No.83 west:9 meter road, north:site No.88 and south: site No.90 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

17.   The Judgment debtor had agreed to deliver site bearing No.28 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east: 9 meter road, west: site No.65, north:9 meter road and south: site No.27 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

18.   The Judgment debtor had agreed to deliver site bearing No.74 measuring east-west 30 feet north-south: 40 feet and the same is bounded on east:9 meter road, west: site No.98, north:site No.75 and south: site No.73 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

19.   The Judgment debtor had agreed to deliver site bearing No.144 measuring east-west 40 feet north-south: 60 feet and the same is bounded on east:12 meter road, west: site No.165 & 166, north:site No.145 and south: site No.143 situated at 3rd stage of BEML layout. The Judgment debtors had agreed to deliver the possession of the site after the formation of layout and after approval from the competent authority and the Decree Holder had agreed to take the Registered Sale Deed in his favour at his cost.

 

20.   The Judgment debtors had agreed to form the layout at their cost and agreed to get the approval from the competent authorities and after the formation of the lay out the same sites referred above and as formulated in the broucher card shall be given and delivered to the Decree Holder and the Judgment debtors had further agreed that they shall not alienate, allot the above said sites to any other persons and had further agreed shall not allow the Decree Holder for another round of litigation and the undertaking is given before the Hon’ble Court with an intention to settle the matter and if there is any violations of any of the terms of the compromise the Decree Holder is at liberty to initiate necessary contempt proceedings for violating, floating the terms of compromise and the undertaking given to the Hon’ble Court.

 

21.   The Judgment debtors had further agreed to execute an M.O.U. in respect of the above said compromise to and infavour of the Decree Holder binding themselves to the terms of the compromise.

 

In view of the compromise referred above, it is humbly prayed that this Hon’ble Court be pleased to dismiss the Execution Petitions in the interest of justice, equity and law.”

 

The said Compromise Petition is recorded and permitted.  Hence, we pass the following order:

 

ORDER

 

Execution Petition is dismissed as settled in terms of Compromise Petition.

           

 

            MEMBER                              MEMBER                    PRESIDENT

 

 

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