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Civil Procedure Code (V of 1908)--- ----O.XXI, R.34---Execution of order---Suit for specific performance of contract was dismissed by Trial Court but on appeal against such order High Court set aside that order and decreed suit in terms 4f compromise arrived at, between parties---Decree-holder, admittedly having failed to abide by terms of compromise on basis of which suit was decreed, Executing Court was justified in refusing execution of order of High Court. JUDGMENT This FOA is directed against the order, dated 4-5-1991, by which a learned Civil Judge Ist Class at Lahore dismissed the execution petition of Ch. Muhammad Nawaz appellant for the enforcement of a compromise, dated 24-1-1990, reached between the parties before a Division Bench of this Court in R.FA. No.70 of 1990 as also his petition made under Order 21, rule 34, C.P.C. 2. The relevant facts necessary for the purpose of this FOA are these:- On 11-4-1989 the appellant brought a suit against the respondents for the specific performance of a contract dated 20-3-1984 and it was dismissed on 26-1-1990 by a learned Civil Judge at Lahore. Against this judgment and decree, the appellant filed R.FA. No.70 of 1990 in the Lahore High Court and eventually on 24-11-1990 the parties entered into a compromise before the Division Bench. Ch. Muhammad Nawaz appellant and his counsel volunteered the following statement:-- "Out of the total land measuring 19 Kanals 15 Marlas, the plots under construction are Plots Nos.1, 2, 5, 6, 7, 8, 11, 18, 21, 22, 23, 24, 25, 27, 31, 32, 33, 35, 36, 37 and 38 the total number of the flats being 22 and the total area under the flats and the roads serving them being 6 Kanals 4 Marlas 128 square feet; this area included the area under the roads, which is 12 Marlas and 40 square feet. Out of these plots under construction, five sale-deeds have already been completed. They relate to Plot Nos.1, 2, 22, 25, 26 and 31; the area under these plots comes to 2 Kanals 2 Marlas and 64 square feet. The remaining area under the plots and the roads comes to 4 Kanals 2 Marlas and 64 square feet; this includes the area under the roads, which is 12 Marlas 40 square feet. I agree that the suit and…

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