JMFC, Holenarasipura. In the said suit, as
per compromise deed a compromise decree was effected,
thereby, the suit schedule property was given to the
defendant ... prayed for setting aside the said
compromise decree. Here the plaintiff-Mathis not
aggrieved by the entire compromise decree, as the
property there in, except
advanced to 24.01.2004 and
on the very same day the compromise decree was
effected. It is submitted that as on that date the deceased ... proved that before four months from the
date of effecting compromise decree the deceased
Venkareddy was in the hospital for treatment of
Tuberculosis
alleged that, in persuading
the Court to pass the said compromise decree, the parties
effectively played fraud on the Court and the trust. Since ... compromise decree was not shown to be collusive or
fraudulent and it was binding on the
1127
trust. Even so, the said compromise decree itself
Lakhs. There is no fraud in the compromise decree.
The Compromise decree dated 06.08.1984 was given effect
to. There being partition in the year ... grounds
taken in the plaint for questioning the compromise decree
dated 06.08.1984. The compromise decree dated
06.08.1984, thus, could not have been questioned in Suit
execution of a
decree for eviction, the compromise may extinguish the
decree and create a fresh lease, or the compromise may
provide a mere mode ... have the
effect of extinguishing the decree, as held above, the
decree has to be executed. The compromise indicates that
there has been part satisfaction
parties are allowed to compromise, the compromise itself is not a decree but Ss to be followed by a decree incorporating the liability, agreed ... there be nothing like a compromise in execution proceedings (unless the compromise has the effect of adjustment of the decree); but also an executing court
party to the suit and the
suit was collusively decreed on compromise. Immediately
thereafter, the Wakif, namely, Mirza Mohammed Haider, and
his son Piarey Mirza ... judgment dated 31st March, 1983
upon holding, inter alia, that the compromise decree effected
between the Wakif and the Mutwalli was not binding
terms of the compromise decree which has given rise to second appeal No. 917 of 1952.
2. The compromise decree in this case was passed ... compromise decree he is clothed with the right toenjoy the property in question, the question still remains whether the compromise decree effects a transfer
settled that a decree becomes effective no sooner it is passed. Clause 1 of the decree was effective immediately the compromise was accepted ... 17th of March 1952. Though a compromise decree, it was still a decree and the effect of passing it was that the suit
Mahadeo Dange v. Hari Krishna Dange 6 B. 113. The effect of the compromise decree between the plaintiff and defendant No. 9 is that ... validity. The compromise recognised partially the title of the plaintiff to institute the suit for redemption. Assuming, however, that the compromise decree effected a transfer
