AGARWALA
RAM SEWAK – Appellant
Versus
RAM SAHAI – Respondent
( 1 ) THIS is a decree-holders appeal arising out of execution proceedings. A decree for demolition of certain constructions was obtained by the appellant-decree-holder against the respondent. Thereafter, the judgment-debtor made an application under Order 21, Rule 2, Civil P. C. praying that an adjustment of the decree be recorded. Under the alleged adjustment, the decree-holder was alleged to have given up his right to get the decree executed for demolition of the constructions in lieu of receipt of a sum of RS. 1,000. The decree holder replied that no such adjustment had been arrived at. The executing Court came to the conclusion that the adjustment, as alleged by the judgment debtor, had in fact been made and recorded the adjustment accordingly. Against this order, the decree holder went up in appeal to the lower Appellate court. While the appeal was pending the parties came to terms. A statement was made in Court on 18. 11-1945 to the effect that the decree-holder would be deemed to be the owner of one-fourth of the house in dispute, including the constructions and that the judgment-debtor would not claim any compensation for the same from the decree holder; that
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