directed that the compromise deed recording the said award
would form part of the decree. It is common ground that this decree
passed ... appellants
filed Miscellaneous Case No.122 of 2023 seeking to execute the
aforesaid compromise decree. The said proceedings however were
withdrawn by the appellants
debtor, against whom a decree based on a compromise, following an award by an arbitrator, is sought to be executed. The respondents are the decree ... award was itself executable as a decree, and the Court was not required to pronounce a judgment or to pass a decree. If the Court
court shows that the
compromise had been arrived at between the decree-holder and
the judgment-debtor under which the decree-holder had agreed ... validity
of the compromise decree in suit No. 15A of 1954. No doubt
the plaintiff had not sought a decree for possession as that
could
occasion to comment upon the legality
of compromise because neither parties
challenged the compromise decree by filing an
appeal under Order 43 Rule ... rights were
also transferred under the alleged compromise
deed, the sale deed executed prior to the said
compromise will not be affected in any manner
decreed in favour of the
creditors vide Compromise Decree dated 26.11.1929.
To the said decree were appended three separate
schedules which were marked as Schedule ... property whilst relying on the
contents of the Compromise Decree dated 26.11.1926
and the conveyance deeds executed in pursuance
thereof. The High Court, upon perusal
appearing for the appellant, for
the proposition that the executing court cannot go behind the decree is not
at all applicable in the facts ... said decision ,
while considering an order of modification of the compromise decree by the
executing court it was held that it will amount to modification
held in execution of a decree passed in a suit to enforce a
mortgage dated September 7, 1893 executed by Nilkantha.
Nilkantha became an insolvent ... compromise decree dated February 17, 1904 passed in Suit
No. 595 of 1901 and a conveyance dated August 17, 1904
executed by Sukheswari
there is no hindrance
in passing the compromise decree. The property was
also described in the Compromise Deed to be a pacca
house comprising ... Mohiuddin as
per the compromise. Accordingly, a decree was drawn.
As per the decree, when the defendant did not execute
SLP(CIVIL
sale or passing of compromise
decree against Mehtaba till he filed the appeal on 22.2.1973
against the judgment and decree against him dated
27.12.1972. From ... Mehtaba had executed an
agreement for sale of the Land and then entered into a
compromise by reason of which compromise decree was passed
Adalat award
passed pursuant thereto would be a decree executable under the Code of
Civil Procedure , 1908. The position in this behalf is summed ... passed by the Lok Adalat based on a compromise has to
be treated as a decree capable of execution by a civil court.”
Taking sustenance
