Law: Civil Procedure Code (V of 1908)

Section: S.47,O.XXIII,R.3

Civil Procedure Code (V of 1908)--- ----S. 47 & O. XXIII, R. 3---Execution of consent decree--- Violation of terms of consent--- Parties had arrived at an out of court settlement whereby petitioners agreed to purchase suit property from respondent by depositing entire sale consideration within two months---Petitioners failed to deposit sale consideration and sought extension in time---Court issued writ of possession against petitioners---Plea raised by petitioners was that despite pending disposal of application for extension in time, Executing Court had issued writ of possession---Validity---Aggrieved party, in case of breach of any of the terms of compromise decree/order, was required to seek enforcement of such agreement (compromise decree) by filing an independent/fresh suit---Such breach required determination of subsequent events and conduct of parties which could not be determined by court, which did nothing but dispose of the matter on basis of compromise (consent of parties)---High Court declined to interfere in the matter---Application was dismissed in circumstances. Peer Dil v. Dad Muhammad 2009 SCMR 1268; Muhammad Iqbal and others v. Khair Din through L.Rs. and others 2014 SCMR 33 and Syed Imran Ahmed v. Bilal and others PLD 2009 SC 546 rel. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, J.---- Granted. 2&3. At the very outset, learned Counsel for the petitioner refers order dated 28.05.2015, which is reproduced herein under:- "Learned Counsel for the petitioners and respondent No.1 state that the parties have finally arrived at an out-of-Court settlement, whereby the petitioners have agreed to purchase the dentised premises from respondent No.1 in consideration of Rs.2,500,000/- (Rupees two million five hundred thousand only). They have further agreed that the entire sale consideration shall be deposited by the petitioners with the Nazir of this Court within two months, whereafter the Nazir may be directed to execute sale deed forthwith in favor of the petitioners at their cost. Learned Counsel have filed a statement dated 28.05.2015, containing the above terms and conditions, which is taken on record. The statement is signed by the learned…

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