compromise decree, a fresh cause of action arose in his favour. There was no
occasion for Damri Lal to have the compromise decree executed since ... earlier decree
obtained by the plaintiff for possession which decree had been complied with.
In fact, there will ,be ,no question of executing the earlier
filing a compromise petition dated 23.01.2012.
The decree was drawn on the basis of the compromise
petition. The said compromise petition consists of 11
clauses ... found
in the compromise petition. On the basis of which a
compromise decree came to be passed. Clause No.10 of
the compromise petition speaks
favour of the petitioner.
5. As per the compromise decree executed between respondent
No.3 - original revision petitioner and respondent ... respondent No.4 bank in favour of petitioner as per
compromise decree executed in R.C.S. No.453 of 2006 and
therefore, the sale
withheld by the defendants, the
plaintiffs are entitled to execute the
compromise decree and seek
possession of the premises.
7) In the event of default ... under this
compromise, the plaintiffs are entitled
to seek determination of lease and
take possession of the premises by
executing the compromise decree
guntas
obtained by them under the compromise decree, besides executing a
Registered General Power of Attorney of their nominee agreement holder
(respondent No.63) vide ... afterwards, a de novo
memorandum of understanding dt.20.4.2008 was executed between the
petitioner and respondent Nos.8 to 15 through their
held that the compromise decree was binding and
executable, the facts in the interregnum notwithstanding and that the
defendants/judgment debtors were bound to provide ... hold at this
distant point of time, that the compromise decree is still executable. In
our comprehension, the intervening developments have occurred in the free
held that the
compromise decree was binding and executable, the facts in the
interregnum notwithstanding and that the defendants/judgment
debtors were bound to provide ... hold at this distant point of time, that the
compromise decree is still executable. In our comprehension, the
intervening developments have occurred in the free
compromise decree with the
present appellants. Chhabra filed I.A. No. 8638/2006 in CS(OS)353/2006
seeking the implementation of the compromise decree ... that the court appointed a
Court Commissioner to execute the compromise decree and directed him to
get the property converted into freehold by getting
compromise decree was passed on 25.06.2003 and the compromise
petition filed by both sides formed a part of that decree. Whether
decree has been passed ... with other requirements of the compromise decree. Had the
construction been made prior to passing of the compromise decree, in
that event the question would
remedy available for the plaintiff
was to execute the compromise decree against defendant Nos. 1 and 2
and not to apply for setting aside compromise ... which they had agreed. After the compromise decree
was passed, the defendant Nos. 1 and 2 allegedly executed some
documents and ultimately sold the suit