ORDER

Date : 06.11.2023 Heard Mr. L. Perme, learned counsel for the petitioner. Also heard Mr. N.

Taje, learned counsel for the respondent.

2. This is a petition under Section 115 read with Article 227 of the Constitution of India against the order dated 23.08.2016, passed by the learned Chief Judicial Magistrate, Yupia, in Money Execution No. 13/2016, in connection with Money Suit No. 30/2015, whereby, the learned Court below ordered for civil imprisonment of 1 (one) month against the present petitioner for default of payment of ex parte decretal amount of Rs. 8,68,800/- (Rupees eight lakh sixty eight thousand eight hundred) only.

3. It is submitted by the learned counsel for the petitioner, Mr. Perme, that on being aggrieved and dissatisfied with the order passed by the learned Chief Judicial Magistrate, Yupia, in Money Execution No. 13/2016, the present petition has been filed by the petitioner against the said order. However, during the pendency of this case, both the parties have arrived at an amicable settlement and presently the respondent is ready to accept Rs. 10,000/- per month, which may be attached from the salary of the present petitioner. On the earlier occasion also, th