- (1.) HEARD learned counsel for the parties.
(2.) IN this writ petition filed under Article 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 17.02.2009 passed upon an application filed by the petitioner in execution proceedings. As per facts, ex parte money decree was passed against the petitioner by the Civil Judge (Junior Division) East, Bhilwara on 22.02.2002 and no application under Order 9 Rule 13 CPC for setting aside ex parte decree was filed by the petitioner-defendant and, in this writ petition, the petitioner is challenging the validity of the order passed upon application filed by the petitioner in the execution proceedings, in which, it was submitted that the decretal amount has already been paid and matter has already been compromised, but without accepting the said contention the executing court passed impugned order.
(3.) IT appears from the order that in the order the executing court observed that no documentary evidence is placed on record to show that any compromise arrived in between the parties.;