A P MADANNA Vs. A P KUSHALAPPA

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 7th March, 2002 passed in Ex. C, No. 15/01, wherein the Executing Court rejected the objections raised by some of the judgment debtors as to the tenability of the execution.

(2.) THE said objections were raised mainly on two grounds; that the decree that had been drawn up pursuant to a compromise that had been entered into between the parties in the appeal before this Court had not been drawn up on stamp paper of sufficient value commensurate to the nature of transactions and the value of the properties which were the subject matter of the decree and also on the ground that the said decree which had been drawn up pursuant to the compromise entered into between the parties which had been presented for registration is beyond the period of four months, whereas as per S. 23 of the Registration Act it should have been presented for registration within 4 months from the date of the decree.

(3.) THE Executing Court overruled these objections having found that the Registrar had actually collected the deficit value of stamp duty by issuing notice to the party who is seeking for registration. The other question regarding limitation was not exactly answered in the sense that the objections were treated as not serious but frivolous which have been raised for the purpose of protracting the execution proceeding only. In fact the decree had been passed on a compromise petition according to the terms and understandings between the parties. The judgment debtor being aggrieved by this order is in revision before this Court invoking the jurisdiction under S. 115 of C. P. C.