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2012 Supreme(SC) 266

DIPAK MISRA, DEEPAK VERMA
PUSHPA SAHAKARI AVAS SAMITI LTD. – Appellant
Versus
GANGOTRI SAHAKARI AVAS S. LTD. – Respondent


JUDGMENT

Dipak Misra, J.-The present appeals by special leave are directed against the judgment and order dated 10.01.2002 and 07.03.2003 passed by the learned Single Judge of the High Court of Judicature at Allahabad in Civil Revision No. 341 of 1997 and Review Application No. 38861 of 2002 respectively. The facts as uncurtained in the two appeals are that the appellant as plaintiff initiated a civil action forming subject matter of suit No. 501 of 1995 against the respondent and others for permanent injunction. In the suit, the parties entered into a compromise and on the basis of the compromise, a decree was drawn up on 06.09.1996. The terms and conditions of the compromise were made a part of the decree. Be it noted, the compromise between the parties stipulated certain conditions and one such condition was that within a span of six months' time, the defendant would pay a certain sum to the plaintiff. For the sake of clarity and convenience, the said clause of the compromise is reproduced hereunder:-

"That the defendant No. 1 acknowledges and undertakes to pay Lacs Rs. 38,38000/-(Rupees Thirty Eight Lacs and Thirty Eight Thousand) only to the plaintiff within six months from t



































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