under clause 15 of the
compromise decree. The decree is sought to be executed by
directing the Bank of India to immediately ... decree holder to have the
fruits of the decree should be preferred, but the same will have no
application to compromise decree. The decree holder
compromise decree;
(c) that thus the JD stands excused and discharged from performing
his obligations under the compromise decree and the compromise
decree now stands ... cheque prepared before
10th September, 2009, is not entitled to execute the compromise decree.
8. It is also argued that though the Power of Attorney
compromise
decree and not for setting aside the compromise decree.
21. I have enquired whether the defendants are claiming any title
in the documents executed ... documents do not mention the compromise decree but the rights
thereunder are found to be flowing from the compromise decree
itself. Moreover, the case
decree
and that a decree holder is entitled to execute the executable
part of the decree irrespective of whether a decree is drawn ... original decree of the first Court was sought to be executed on the ground
that no decree in terms of the compromise having been prepared
entitled to under the compromise decree, he applied for
execution of the compromise decree aforesaid.
5. The Executing Court, vide the impugned order, has dismissed ... cannot be entertained by the Executing Court.
14. The Executing Court can execute only in terms of judgment and
decree and not go beyond that
thus there
was no executable money decree and the executing court could not
decide disputes not covered by the decree.
12. This Court, in Atul ... compromise, a decree was passed. It was held, (i) it is
to be at the outset determined whether the compromise, in terms
whereof a decree
execution of the compromise decree being filed, joined in exhibiting the site plan. The
petitioner, though aware of the compromise decree did not raise ... dent the
compromise decree. The compromise decree, as is now clear, was because the petitioner
had no defence to the suit, having executed the relinquishment
judgment-debtors / alleged
contemnors defaulting from the compromise in execution also was to be to
execute the decree, there would have been no need ... deprive the
relator / decree-holder of the benefits thereof;
(p) Though the relator / decree-holder also attempted to execute the
decree but owing
property after executing
an agreement to sell thereof, entered into a compromise in a legal proceeding
with his son and under which compromise he agreed ... compromise and
resulting in a sale deed, though of a date subsequent to the date of the
compromise will prevail over the compromise
ground for challenging the
compromise. All that can be observed at this stage is that the compromise
between the plaintiff and the defendants ... defendant No.4A/applicant and if the compromise decree is
sought to be executed, it will be open to the defendant No.4A/applicant
