execute the decree and without executing the decree, by filing Execution Petition, the defendants 3 and 4 executed the sale deed in favour ... sixth defendant, a compromise was entered into and a compromise decree was also passed. The terms of the compromise decree is as follows
perform his obligations under the compromise decree.
12. The rights and obligations of the parties in the compromise decree is reciprocal in nature. As pointed ... executing the compromise decree dated 30.04.2001 and while so, with a view to nullify the effects of the compromise decree, Respondents have filed the present
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, 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
allotted to Ramanujam in the compromise decree has not taken any care to file a copy of the compromise decree granted to prove their case ... properties allotted to him (A schedule) in terms of the compromise decree by executing a sale deed on 16.01.1961 in document
allotted to Ramanujam in the compromise decree has not taken
any care to file a copy of the compromise decree granted to prove their case ... properties
allotted to him (A schedule) in terms of the compromise decree by executing a
sale deed on 16.01.1961 in document
terms of the compromise decree, but since the compromise memo is not signed by the defendant, the decree is not executable. With these findings ... defendant is fatal to the compromise decree and as such, the compromise decree is not executable.
7. In reply, Mr. T. V. Ramanujam submitted that
individual
capacity is not binding on the trust and compromise decree is not executable;
e) the said EMG Soundararajan died intestate and respondents ... decree. In view of this provision the
compromise recorded by this Court on 23.04.1990 is a decree and can be
executed
compromise B9 after High
Court and Supreme Court decree is illegal and unknown
to law and violates Order 23 Rule 4. Recording the
alleged compromise ... executed outside the court. The Learned
Judge failed to appreciate that the alleged compromise
post decree entered in the court or outside the court
compromise memo, dated 10.08.2007 shall part and parcel of this compromise decree.
2.2. Pursuant to the compromise decree dated 10.08.2007, the plaintiff paid the entire ... Executing Court is merely on technical grounds. The Executing Court ought to have taken into account that the decree to be executed is a compromise
