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2007 Supreme(Del) 1180

MUKUNDAKAM SHARMA, SANJIV KHANNA
Gyan Devi – Appellant
Versus
Leela Devi – Respondent


Advocates Appeared:
A. S. Chandhiok, Sr. Advocate with Rajni Singh for Appellant; Anil Airi and Ms. Sadhna Sharma, A. K. Verma, Ms. Neelam Sharma for Respondents.

Judgement

Dr. MUKUNDAKAM SHARMA, C.J. :- By filing this appeal the appellant has challenged the orders dated 8th January, 2007 and 13th March 2007 passed by the learned Single Judge in the execution petition registered as Ex. P. No. 118/2005.

2. A suit was filed by the respondent No. 1/ decree holder for partition along with the relief of permanent injunction and declaration in respect of property No. B-134, Jamrudpur, New Delhi (hereinafter referred to as 'the suit property'), which was registered as CS (OS) No. 1623 /1995. During the pendency of the aforesaid suit, the parties and the legal representatives of late Shri Mam Raj Meena, who are the absolute owner of the suit property arrived at a settlement. The terms and conditions of the said settlement were put in writing under the settlement deed executed by the parties thereto on 18th April, 2000. In view of the aforesaid settlement arrived at, a settlement deed was prepared and the said settlement deed was filed in the suit praying for passing a compromise decree in terms of the settlement. In terms thereof, a compromise decree was passed in the said suit being CS (OS) No. 1623/1995 under judgment and decree dated 2nd August, 20













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