JUDGMENT - Dr. B.P. SARAF, J.:---The petitioner is the son of one Shri Chandrakant Rajmal Babar, who filed a Regular Civil Suit No. 1468 of 1978 in the Court at Solapur against the respondent for recovery of a sum of Rs. 4000/- with interest. The suit was decreed. The petitioner filed Regular Darkhast No. 245 of 1987 in the Civil Court at Solapur for execution of the said decree. Execution proceeding was initiated and in all a sum of Rs. 4,000/- was recovered from the respondent. The said amount was paid by the respondent on different dates. The last payment was made on 18th October, 1988. On that day the respondent-judgment debtor filed an application before the executing Court alleging that the petitioner-decree holder had agreed to accept a sum of Rs. 4,000/- in full and final satisfaction of the decree. Prayer was made for dismissal of the execution petition or marking the darkhast as satisfied in the light of the above statement. A notice was issued to the petitioner-decree holder on the said application. The petitioner denied the allegations of compromise and stated that a sum of Rs. 7,764/- was due to him in terms of the decree out of which only a sum of Rs. 4,000/- has been

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