1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants-original judgment debtor to quash and set aside the impugned order passed by the learned Principal Civil Judge, Balasinor dated 26/06/2006 in Execution Petition No. 9/1998 by which the learned executing Court has partly allowed the said Execution Petition preferred by the respondent-judgment creditor and has directed the applicants-judgment debtors to pay the amount of 19,121/- with interest at the rate of 18% till 01/10/2001.
2. It appears that the respondent-original plaintiff-judgment creditor instituted the suit against the applicants to recover Rs. 19,995/- with 18% compound interest. There was settlement between the parties and consent terms came to be submitted on the basis of which consent decree was passed by the learned trial Court by which the applicants-judgment debtors agreed to make the payment in four instalments as under;
Rs. 5,000/- dated 17/10/1993 with interest Rs. 5,000/- dated 17/11/1993 with interest Rs. 5,000/- dated 17/12/1993 with interest Rs. 4,995/- dated 17/01/1994 with interest and cost
3. It appears that though the two instalments were paid by the applicants-judgment debtors, so far as the third and the fourth instalment were concerned, only principle amount was paid but interest amount was not paid and, therefore, the respondent-judgment creditor filed the Execution Petition to recover the amount under the consent decree. The aforesaid application was opposed by the applicants-judgment debtors by submitting that the applicant-judgment debtors is entitled to only simple interest with respect to the aforesaid last two instalments. The learned executing Court did not accept the said contention raised on behalf of the applicants-judgment debtors and passed the impugned order.
4. Having heard Shri Pancholi, learned advocate appearing on behalf of the applicants-judgment debtors and Shri Paneri, learned advocate appearing on behalf of the respondent- judgment creditor and considering the judgment and decree passed by the learned trial Court, which was sought to be executed and considering the fact that admittedly the applicants-judgment debtors did not act as per the consent terms/consent decree and considering the same when the learned executing Court has passed the impugned order, which is absolutely in consonance with the consent terms passed by the learned trial Court, it cannot be said that the learned executing Court has committed any error and/or illegality. It is an admitted position that the applicants-judgment debtors did not make the payment as per the consent terms and, therefore, he was liable to pay the entire amount with compound interest as per the judgment and decree and, therefore, no illegality has been committed by the learned executing Court by passing the impugned order, which calls for the interference of this Court under Section 115 of the Code of Civil Procedure.
5. In view of the above, the present Civil Revision Application deserves to be dismissed and is accordingly dismissed. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji