compromise decree was passed. When the appellant applied
for execution of the decree, the appellant contended inter
alia that the compromise decree had been passed ... executability of the decree on the ground of its being a
nubility,is taken, the Executing Court is not competent to
go behind the decree
execution petition being E.P. No. 79 of 1983 for
executing the compromise decree in O.S.No.218 of 1969. Both
the petitions were
compromise
decree, it accepted, would amount to an adjustment of the
decree which shall consequently to an adjustment of the
decree which shall consequently ... will proceed to execute
the decree. It is not every time that the decree-holder and
judgment-debtor enter into a compromise after the decree
guntas
obtained by them under the compromise decree, besides executing a
Registered General Power of Attorney of their nominee agreement holder
(respondent No.63) vide ... afterwards, a de novo
memorandum of understanding dt.20.4.2008 was executed between the
petitioner and respondent Nos.8 to 15 through their
Dattatraya Shanker Mote & Ors vs Anand Chintaman Datar & Ors on 3 October, 1974
vacate the
premises and when the decree was sought to be executed
challenged the decree of eviction principally on the ground
that the Small Causes ... agreed by both the parties that this Memo of
Compromise is executable as a Decree of Court.
Dated at Madras, this the 31st
compromise. Without referring to the
details of the terms of compromise at this stage, it may be
stated that the decree of eviction was executable ... when the compromise is effected.
When a compromise decree is challenged as a nullity in the
course of its execution the executing court can examine
dismissed Notice No.66/94 holding inter alia that the
compromise decree is executable against them. The appeal
filed by the appellants i.e. Appeal ... family
covered by the tenancy. In the circumstances the decree
passed in terms of the compromise entered between the
landlord and Smt. Kishori Kesrinath Juker
execute the decree for possession.
The tenant failing to pay the entire arrears as stipulated
the landlord decree holder filed execution proceedings. The
executing Court ... decree holder
filed execution proceedings on 2nd November, 1970. The
tenant raised objections in regard to the executability of
the decree. The Executing Court rejected
Compromise Decree-Passing of-Satisfaction of Court as
to existence of statutory ground-Whether can be inferred
impliedly from compromise decree.
Section 47-Compromise decree ... decree because the executing court is bound to
execute the decree and cannot go behind the same unless the
decree passed
