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.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.