adverse possession.
Both the parties ultimately settled the dispute amicably by
executing a compromise petition/Solenama. According to the
terms & conditions of solenama ... possession and since the
possession has not been recovered having the compromise decree
executed, now the decree itself has lapsed and (ii) the solenama having
compromise decree. Only when the
agreement or compromise is not lawful, the Court is not bound to record the
compromise. As per explanation to Order ... plaintiff
to execute the decree. The decree passed by the High Court on
June 18, 1984 in terms of the compromise was a valid decree
decree in accordance with the terms of the compromise deed.
It is therefore, prayed that the decree in terms of the compromise deed be passed ... aside the order of the executing Court holding the decree to be in-executable and directed the executing court to proceed in the execution petition
Executing Court has either to execute the decree or refuse to execute it, but it has no other power and that if the decree holder ... possibly amount to execut-
ing either the same decree or another decree. An adjustment of decree is not itself a decree; to hold otherwise would
decree declaring that the decree dt. 23-2-65 passed in O.S. Suit No. 2590 of 1956 being a preliminary compromise scheme decree declaring ... raised that Clause 21 of the compromise decree really referred to the ejectment decree and not the compromise decree is utterly false and an afterthought
eviction is passed on the compromise decree. It was alleged that the decree was a nullity and not executable due to non-existence of statutory ... basis of the compromise decree. I am also of the view that the court passed the compromise decree in the presence of both parties
court below for executing the compromise decree but executing court refused to execute the compromise decree which according to it was illegal and not enforceable ... property in dispute in pursuance of compromise decree and when the appellant demanded his share under the compromise decree, respondent nos.1 and 2 refused
compromise decree, a fresh cause of action arose in his favour. There was no
occasion for Damri Lal to have the compromise decree executed since ... earlier decree
obtained by the plaintiff for possession which decree had been complied with.
In fact, there will ,be ,no question of executing the earlier
compromise decree of eviction is nullity and the same is not executable. The executing court held that the decree was nullity and not executable ... into a compromise and a decree of eviction was passed in terms of the compromise. When the decree was sought to be executed the tenant
that the compromise petition and decree did not contain any description of property in respect of which compromise was arrived at. The executing court ... discuss the validity of the terms of a compromise decree which it is ordered to execute. These decisions were given on different facts and after
