NAFIS AHMAD Vs. NARAIN SINGH
LAWS(SC)-2014-2-1
SUPREME COURT OF INDIA
Decided on February 04,2014

NAFIS AHMAD Appellant
VERSUS
NARAIN SINGH Respondents

JUDGEMENT

- (1.)The petitioners have sought for punishing the respondents for willful disobeying the judgment and decree dated 10.12.2007 of this Court in Civil Appeal No.8527 of 2003.
(2.)The case of the petitioners is that they were put in possession of the suit property pursuant to an agreement of sale with the owners on 3.5.1950 and they filed suit for declaration of their title and permanent injunction on 12.7.1996 and the suit was decreed but on appeal it was reversed by the Appellate Court and the High Court confirmed the same in second appeal and the petitioners preferred further appeal to this Court in Civil Appeal No.8572 of 2003, and during the pendency of the appeal the matter was settled and a Compromise Petition under Order 23 Rule 3 CPC was filed and this Court disposed of the civil appeal on the terms enumerated in the compromise petition, by judgment dated 10.12.2007 and the petitioners thus became owners of the property. The petitioners have alleged that respondent No.3 Ashiq Ali was a respondent in the civil appeal before this Court, admitting the title of the petitioners to the suit property. But respondent No.1 Patwari and Respondent No.2 Tahsildar have recorded the name of respondent No.3 namely Ashiq Ali in Khasra No.1276/1 in the year 2011 defying the decree of this Court.
(3.)Respondent No. 3 though served has not chosen to appear either through counsel or in person in this petition. Heard the learned counsel for the parties.


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