Meghalaya High Court: H.S. Thangkhiew, J. while hearing a revision application allowed the same and directed the lower court to deal with the entire process expeditiously immediately on receipt of the application under Section 151 read with Order 20 Rule 6-A CPC.
The revision application under Article 227 of the Constitution was filed to seek the supervisory jurisdiction of the Court to quash and set aside order dated 18-02-2020, passed by the Court of the Assistant to Deputy Commissioner, Ri Bhoi District, Nongpoh, in Execution Case 01 of 2019. Title Suit 4 of 2016 was instituted by the petitioners as plaintiffs before the Court of the Assistant to Deputy Commissioner in the course of proceedings resulted in a compromise.
Petitioners approached the Lower Court for execution of the compromise deed dated 04-07-2016, vide Execution Case 1 of 2019.
Counsel for the petitioner, submitted that after the compromise had been arrived at, settling the disputes raised in the Title Suit, the same was reduced to writing, and was jointly presented before the Lower Court on 04-07-2016.
Petitioners submitted that comprise arrived in settling the disputes raised in the Title Suit and the same was reduced to praying for judgment decree and order to be passed by the Court based on the mutual settlement. Court examined the parties, and disposed of the suit by allowing and accepting the settlement arrived at 04-07-2016, but no formal decree was drawn up.
Respondents filed 2 objections on 24-09-2019 and 28-11-2019 on the same premise. Lower Court took up for consideration and disposed of the entire execution case by the impugned order dated 18-02-2020 by holding that there was no decree and that the party were to resolve their own disputes. Petitioners on examination of the records, pointed for consideration before the Court. It was with the correctness of the impugned order which had rejected the application for execution filed under Order 21 Rule 15 of the CPC by the petitioner/plaintiff.
Court drew no decree and the petitioner was required to file an application under Section 151 read with Order 20 Rule 6-A CPC, before the lower Court for drawing the decree in accordance with the order dated 04-07-2016. Consequently, the impugned order dated 18-02-2020 was set aside and quashed. The Court opined that the entire process should be dealt expeditiously by the lower court immediately on receipt of the application under Section 151 read with Order 20 Rule 6-A CPC which shall be filed by the petitioner within a period of 4 weeks.[Delican Shadap v. Dal Nongtri, 2022 SCC OnLine Megh 33, decided on 03-03-2022]
For the Petitioner/Appellant(s) : Mr S.R. Lyngdoh
For the Respondent(s) : None