The Executing Court is responsible for determining compliance with a compromise decree, especially regarding offers made in execution cases.

Ms. Suruchi Yadav, Adv. Mr. Ashutosh Yadav, AOR UPON hearing the counsel the Court made the following

O R D E R

We have heard the learned Senior counsel Signature Not Verified appearing for the petitioners and the learned Digitally signed by ASHA SUNDRIYAL Date: 2025.10.18

13:03:33 IST counsel appearing for the respondents.

Reason:

We are not inclined to interfere with the impugned order.

However, learned senior counsel appearing for the petitioners placed reliance on the following paragraph of the show cause filed by the original plaintiff in Execution Case:

“(X) As proposed the new market complex has been completed in all respect and all commercial shops and spaces have been leased out except one shop, which the Def No.-1 kept reserved for the Plaintiffs/D.H.(s) & requested them to occupy the same in furtherance of the agreement to lease entered into by & between both the parties in the shape of the compromise petition but the D.H. No.-2 refused the same due to which it is still vacant causing recurring loss to the J.D., which up till now has accumulated to the time of rupees 10 lakhs for which the Plaintiffs. Dhs are solely liable to compensate.”

Based upon the aforessaid paragraph, it is submitted that the petitioners are willing to offer the same which is in tune with the compromise decree. However, learned Senior counsel appearing for the respondents submitted that the said offer is not in tune with the decree passed inter se the parties.

We are not willing to go into the said issue as it is for the Executing Court to consider the same.

Accordingly, with the above observations made, the Executing Court can consider the offer made by the petitioners and the give a finding as to whether the same is in conformity with the compromise decree.

The aforesaid order will have to be passed by the Executing Court within a period of six months from the date of receipt of a copy of this order.

The Special Leave Petition stands disposed of, accordingly Pending application(s), if any, shall also stand disposed of.