parties to the suit enters into a compromise in terms
whereof a decree may become executable on the basis of the
compromise. The second part ... compromise,
categorically held :
"Ld. Counsel for the plaintiff has stated that the
compromise has been effected between the
parties and compromise
compromise petition hence accordingly the decree be
awarded.
I accordingly, order that the decree be
drawn in accordance with EXC 1
compromise petition ... executing court, it is well known, cannot go behind the decree. It
has no jurisdiction to modify a decree. It must execute the decree
payable at one time in
which event, the decree holder would be entitled to execute the decree for
realization of the entire remaining balance amount ... executing
Court to record and enforce such a compromise in
execution proceedings. Nor does Order 20, Rule 11(2)
affect this power of the executing
known that an Executing Court cannot go behind the
decree. If on a fair interpretation of the judgment, Order and decree passed
by a court ... executing court, it is well known, cannot
go behind the decree. It has no jurisdiction to
modify a decree. It must execute the decree
record itself and for decree for mandatory injunction
directing the Defendant No. 1 to execute the Will and honour the compromise ... making of two decrees
a preliminary decree and a final decree - the decree which would be
executable would be the final decree. But the finality
known that an Executing Court cannot go behind the
decree. If on a fair interpretation of the judgment, Order and decree passed
by a court ... executing court, it is well known, cannot
go behind the decree. It has no jurisdiction to
modify a decree. It must execute the decree
divided the properties into half and half. The said
compromise was recorded. A final decree was passed on the basis
thereof, directing ... Hindu Succession Act 1956 came
into force.
27. The said compromise decree was acted upon. A deed of partition
was entered into
that he will execute only with reference to half of
the suit properties on the ground that if the
conveyance is executed in favour ... opinion, be rendered in the negative.
Keeping in view the consent decree passed by a competent court of
law in terms of consent entered into
said suit a
compromise petition was filed on 3.4.1979 which having been accepted by
the concerned court, a consent decree was passed on the basis ... letters being dated
12.11.79, 11.01.80, 05.01.81 and 08.10.84 asking the Company to execute
and register a sale deed in his favour. The Company in response
testamentary instruments transferring or
assigning any decree or order of a Court or any
award when such decree or order or award
purports or operates ... decree or order of a
Court except a decree or order expressed to be made on a compromise and
comprising immovable property other than that
