case where parties compromise after
the decree in a case has been passed, the effect
of the compromise on the executability ... whose duty it is to execute the decree, the
execution of the decree cannot be proceeded with
by the executing court. But if the intention
could not be
executed. Further that a registered sale deed was executed only on 18-04-2009
on the basis of compromise deed passed ... executed on 18-04-2009 pursuant to the compromise deed and
the modified compromise decree executed on 02-01-2007 and 01-09-2008
respectively
compromise memo, dated 10.08.2007 shall part and parcel of this compromise decree.
2.2. Pursuant to the compromise decree dated 10.08.2007, the plaintiff paid the entire ... Executing Court is merely on technical grounds. The Executing Court ought to have taken into account that the decree to be executed is a compromise
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
compromise memo, dated 10.08.2007 shall part and parcel of this compromise decree.
2.2. Pursuant to the compromise decree dated 10.08.2007, the plaintiff paid the entire ... Executing Court is merely on technical grounds. The Executing Court ought to have taken into account that the decree to be executed is a compromise
case where parties compromise after the
decree in a case has been passed, the effect of the
compromise on the executability of the decree depends ... whose duty it is to execute
the decree, the execution of the decree cannot be proceeded
with by the executing court. But if the intention
executability of the compromise decree
recorded by this Court is (a) of the decree holders not
directly benefiting from the decree rather theirs disguising ... suit property vis-a-vis the
decree holders, for hence, satisfactory execution of the
compromise decree standing begotten, to be unbefitting
besides insagacious, especially with Civil
compromise decree by contending that
plaintiff can be evicted only as provided in Kerala Building
Lease and Rent Control Act. Thus this compromise decree ... complied with the terms of compromise
decree. Thus decree holder is entitled to get execute the
compromise decree through process of executing court.
Thus
that the decree-holder has complied with the
conditions mentioned in the compromise decree, however, the judgment-
debtor has obstructed to execute the decree ... compromise decree was passed on 3/10/1996. As
per the terms and conditions of the said compromise decree, the sale-deed
should be executed
respondents. The remedy available to the
plaintiff/ respondents was to execute the compromise decree or to seek the
revival of the suit which was disposed ... honouring the compromise, it was open to the
plaintiff- respondents either to revive the earlier suit or to execute the
compromise decree
