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Judgment
Ramesh Kumar Merathia, J.—This writ petition has been filed against the order dated 8.1.2010 passed by the Sub-Judge-I, Palamau at Daltonganj in Execution Case No. 3 of 2009.
Mr. S.K. Verma, learned Counsel for the petitioner submitted that after fully knowing the contents of the compromise petition, the decree holder-respondent No. 2 (Krishna Kumar Mishra) signed it but he inserted "received draft with objection" by interpolation in the records later on for which the petitioner prayed for enquiry to be conducted which has been refused by the learned court below.
On the other hand, Mr. Indrajit Sinha, learned Counsel appearing for respondent No. 2 supported the impugned order and denied and disputed the said allegation.
Even if it is accepted that the decree holder has not made interpolation by inserting the said endorsement, such endorsement was meaningless in view of the clear terms of the compromise petition under which the decree holder received the amount. The decree holder cannot be heard to say that he did not understand the terms of compromise. It is not his case that there was any misrepresentation or coercion on the part of the judgment debtor-petitioner for entering into compromise.
When I expressed that the parties should settle the dispute in this litigation which is continuing since 1996, Mr. Verma, appearing for the petitioner and Mr. Sinha, appearing for respondent No. 2 submitted that the parties leave this matter to this Court.
Accordingly, in order to close all the litigations between the parties and save their time, energy and money, I direct the petitioner to pay Rs. 100,000.00 (Rupees One Lac) to the decree holder within four weeks from today by demand draft made in his name, for which he will grant a receipt. The decree holder will withdraw the execution case within two weeks from the date of receipt of such amount. The judgment debtor will also withdraw the objection to the award filed in the court of the District Judge, Sidhi being Miscellaneous (Civil) Case No. 43 of 2009,within two weeks thereafter.
The parties agreed to this order.
With these observations and directions, this writ petition including the I.As. is disposed of.