compromise".
In a case where parties compromise after the decree in
a case has been passed, the effect of the compromise on the
executability ... have the
effect of extinguishing the decree, as held above, the
decree has to be executed. The compromise indicates that
there has been part satisfaction
compromise. He did not do so but merely ordered that the suit be decreed in terms of the compromise and that the decree be executed ... entire compromise by reference. We think that, although the learned Judge did not expressly give effect to the entire compromise as an executable decree, nevertheless
compromise decree was obtained by the plaintiffs from the Court.
7. The compromise decree is at Ex. 10 in the present suit ... memorandum by executing the decree. Moreover, the plain reading of the said decree militates against such contention. The decree says that the rights
decree holder in
furtherance of the terms of the said compromise decree. Thus, according to the decree-holder, the
said compromise decree at best ... compromise decree, it cannot be
12
held that registration of the said compromise decree is compulsorily required for
validating the said compromise decree.
That apart
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
contention that it was not an executable decree and held that it was a perfectly executable decree. Since the facts of that case are identical ... Court had no jurisdiction to pass a decree an executable decree. even by compromise. in favour of M against A. The contention was that
cannot avoid the compromise decree. He is certainly bound by it.
22. His next objection is, since the preliminary compromise decree dealt with immovable properties ... also shows that the preliminary decree is clearly executable. Indeed, a final decree was passed in pursuance of this decree. We therefore, find no force
Naukhi and was not mentioned in the compromise petition or the decree on the basis of that compromise, and as such the lands of this ... entire compromise and draw up a decree giving the parties the right to execute the decree in respect of matters which properly fall within
whether the plaintiff decree-holder is entitled to execute by way of a darkhast the compromise decree in suit No. 289 of 1912 against ... authorities stated above, this term in the compromise decree is as executable as the rest.
7. On the question of limitation under the decree
basis of the compromise decree, because he thinks that that part of the decree could not be an executable decree. This aspect of the case ... forming the operative part of the decree with the result that the entire compromise decree could be executable as such.
17. Subject to this modification