*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8648/2009 Ravindra Annappa Bhogashetti. ..Petitioner -VERSUS- Mahadevi Annappa Bhogashetti and others. ..Respondents ............... Mr.A.K.Suryawanshi, Advocate for the Petitioner. Mr.Bhushan Walimbe, Advocate i/b Ms.Preeti B. Walimbe, for the Respondent No.2. ............... CORAM: A.P. DESHPANDE, J. Dated 07th December, 2009. PC:- 1 The present Petitioner is the original Defendant/ Judgment Debtor. The suit filed by the Respondents came to be decreed in compromise terms. The present Petitioner, acting in furtherance of the decree, executed the sale deed in favour of the Decree Holder which records that the entire amount has been received by the Judgment Debtor. However, subsequently when the Regular Darkhast was filed for recovery of possession, the Petitioner contended that he is yet to receive a sum of Rs.54,500/- from the Decree Holder. By raising such plea, the Judgment Debtor has not handed over the possession of property in question. 2 After hearing the learned counsel for the Judgment Debtor/ Petitioner for quite sometime, he assures this Court that the *2* Petitioner/ Judgment Debtor will handover peaceful possession of the suit property to the Respondents within a period of three weeks from today and on handing over of possession, the Petitioner be permitted to lead the evidence in the Darkhast proceedings with a view to claim a sum of Rs.54,500/-. 3 The statement is accepted. 4 The learned counsel for the Respondents, on instructions from the Respondent No.2 who is present in Court, has stated that he has no objection for this course being followed. 5 In the result, the Petitioner is directed to handover peaceful possession of the property in question to the Respondents within a period of three weeks from today. On handing over of possession of the property by the Petitioner to the Respondents, the Executing Court shall permit the Petitioner to lead the evidence with a view to claim a sum of Rs.54,500/-. In the event if the possession as undertaken is not handed over, the Executing Court shall execute the decree. In that view of the matter, the possession warrant shall not be executed for a period of three weeks from today. 6 The Executing Court shall proceed with the matter uninfluenced by the observations made in this order. It is made clear that no opinion is expressed and all contentions are kept open to be dealt with by the Executing Court. 7 Writ Petition is, accordingly, disposed of. (A.P. Deshpande, J)