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Judgment
17 paragraphs · 473 words.
Ajay Mohan Goel, J
Petitioner Sh. Budhi Ram Justa and respondent No.
1 Sh. R.K. Soni, are present in person in the Court.
2 By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 16.09.2023 (Annexure R-5), passed by learned Civil Judge, Court No. 8, Shimla, in Execution Petition No. 90172/2018, in terms whereof, the warrant of sale of the property of the present petitioner/judgment debtor has been issued.
Today, the petitioner has apprised the Court that in terms of the observations made by the Court on 16.11.2023, an amount of Rs.2.50 Lac has been deposited by him with the Registry of this Court in the name of learned Registrar General.
After discussing the matter with the petitioner as well as respondent No. 1, who are present in person in the Court, the parties have agreed that out of the amount which stands deposited by the petitioner with the Registry of this Court, an amount of Rs.1,90,000/-(Rs. One Lac Ninety Thousand) be released in favour respondent No. 1, namely, Sh. R.K. Soni, as full and final settlement of the decree passed by the learned Court in his favour and the balance of Rs.60,000/- be released to the petitioner, namely, Sh. Budhi Ram Justa. The parties have further agreed that in view of the disbursal of the said amount, the decree shall stand fully satisfied and this Court may direct the learned Executing Court to close the execution proceedings.
Taking into consideration the settlement that stands arrived between the parties, this petition is disposed of by ordering that out of the amount which has been deposited by the petitioner with the Registry of this Court, an amount of Rs.1.90 Lac be released in favour of respondent No. 1-Sh. R.K. Soni (Decree Holder), by remitting the same in his bank account, details whereof have been provided by him in the Court itself which are as under:-
Account No. : 30485039395
Branch Name: State Bank of India, Sanjauli, Shimla.
IFSC Code: SBIN0010728.
Similarly, the balance amount of Rs.60,000/- is hereby ordered to be refunded to the petitioner Sh. Budhi Ram Justa, by remitting the same in his bank account details whereof have been provided by him in the Court, which are as under:-
Account No. : 55069443026
Branch Name : State Bank of India, H.P.
Secretariat, Chhota Shimla-02.
It is further observed that now the decree in favour of Sh. R.K. Soni stands fully satisfied.
Accordingly, the impugned order, subject matter of the present petition, looses its efficacy and is set aside. Learned Executing Court is directed to close the execution proceedings also, as the Decree in issue now stands fully satisfied. Either of the parties may apprise the learned Executing Court of the order passed by this Court today.