appellant and
Durgabai entered into a compromise in terms of which a decree for
redemption came to be passed by the court ... appellant also
filed Darkhast Proceedings before the Executing Court for execution of the
compromise decree passed in the redemption suit. The heirs of Late
Chavdas
First consent decree dated 16.02.2005
During the pendency of the aforesaid Appeal, the Respondent No. 2
entered into a compromise with the Vaity family ... submitted that pursuant to the compromise decree on
consent terms dated 16.02.2005, a conveyance deed dated 22.07.2005 was
executed alienating the suit property in favour
executed by Mahant Saheb Dass. It was also alleged that the mortgage deed to enforce which the decree was passed was not executed by Mahant ... Section 11 of the Civil Procedure Code on account of the Compromise decree in suit No. 3 of 1943. The Civil Judge accordingly dismissed
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
been
executed by Ramaiah in favour of three parties to
the suit.
3
8. The parties compromised the suit and
accordingly the compromise decree ... present
appeal arises. This suit was for a declaration that the
compromise decree dated 25.01.1997 passed in OS
No.7266 of 1996 is not binding
freehold land on 8th June 2000 by virtue of
a freehold deed executed in favour of the vendor. The first
appellant filed a suit ... said compromise, on 12 th
October 2010, an agreement for sale was executed by and
between the parties. A compromise decree was passed
plaintiff who thereby forfeited his right to get the decree executed. It was pleaded that time was of the essence of the contract. The Subordinate ... according to the terms of the compromise decree, the plaintiff had to get the "Kabalas" executed by November
father would not execute his decree for costs.
9. It is urged that in view of this compromise the entire liability of Messrs. Tailong Brothers ... correct interpretation of the compromise arrived at in August, 1966. It is true that by this compromise the decree against the four brothers
competent authority seeking permission to execute any type
of deeds, in favour of any persons, and to execute such
deeds in favour of such persons ... documents from
the court, give evidence, obtain decree, execute the sale or
enter into compromise.
7) The Schedule property is in my peaceful possession
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
