contended that since the compromise decree in this case is in the nature of a declaratory decree it is not executable, because there ... conditions agreed to in the compromise, is not entitled to raise the plea that the decree is not executable, and relying on Raghubir Sahu
that the decree in the present matter is a composite
decree, money decree as well as mortgage decree, and thus it was
executable as such ... decree-holder to execute the decree.
But in case the consent decree cannot be executed
without further proceedings in the suit, the
decree-holder
compromise in the instant case that the compromise
decree was not by itself capable of execution. One of the
terms incorporated in the preliminary decree ... decree-holder to execute the decree. But in case the
consent decree cannot be executed without further
proceedings in the suit, the decree-holder
entered appearance and raised objection regarding the
executability of the decree. It was contended that, the above decree was
not enforceable. It was contended that ... Court held that, being a compromise decree, it
is a contract recognized by the Court. Such a decree is not a culmination
of a reasoned
Court below. It is seen
that the compromise memo was signed on 10.11.1999 and the
compromise decree itself was passed only on 24.04.2000. There ... months between the date of signing the
compromise memo and the date of passing the compromise decree.
6. Merely because the revision petitioners were
argued
that the compromise decree is not binding on the 2nd
plaintiff. It is true that the 1st plaintiff had executed the
registered gift deed ... suit shall lie to set-aside a decree on the ground
that the compromise on which the decree is based was
not a lawful
judgment and decree under appeal and therefore she had no right to continue to defend the appeal or enter into compromise which would prejudice ... Procedure he is entitled to come on record and resist the compromise decree as he alone is the proper and necessary party to defend
party to that suit. Moreover, if the petitioner through that the compromise decree was sufficient to clinch the controversy in his favour, then there would ... deceased is foreclosed because of the compromise decree having been passed in the suit of 1947 referred to above .
To conclude, I decide the preliminary
executable is a
final decree and not a preliminary decree
unless and until the final decree is a part
of the preliminary decree. That apart ... compromise
decree had the status of a final decree. The
latter suit filed by the appellants was for
partition and declaring the ex parte
compromise
revision petitioner/ second judgment
debtor."
4. The compromise petition is allowed as prayed for. The
compromise petition shall form part of the order ... declare that the
sale held by the executing court is void on the ground
that the executing court did not apply its mind
