will refuse to execute the decree if the objection is upheld.
It will thus either execute the decree or
refuse to execute ... arisen whether a court executing a decree could execute the decree as modified by any agreement or compromise between the parties.
27. In Kristo Komul
conditions and the same having been done, compromise decree dated 26.10.1979 now cannot be executed having already exhausted and no more in existence. He pleaded ... inexecutable?
(II) Whether Execution Court has gone behind the decree?
(III) Whether execution of compromise decree amounts to grant of relief of eviction to plaintiff
Rajeshwari Prasad, J:--
1. That the compromise decree was a conditional one and the decree was not executable.
2. That the execution application was barred ... accordance with the terms of the compromise decree. The decree-holder was allowed one month by the executing Court to file a copy
contract or not, a decree is a decree after all and no Court executing a decree can go behind it. There seems ... compromise decree. In entertaining a plea that one of the terms of the compromise contains a penal clause, the Court executing the decree does
court below for executing the compromise decree but executing court refused to execute the compromise decree which according to it was illegal and not enforceable ... property in dispute in pursuance of compromise decree and when the appellant demanded his share under the compromise decree, respondent nos.1 and 2 refused
terms of the compromise.
The case of the landlord revisionist, of course, is that the
compromise decree was duly executable and in failing ... after the compromise decree was passed. This
condition was not in issue in the proceedings wherein the
compromise sought to be informed/ executed was arrived
predetermined manner. According to him Clause 4 of the compromise decree was the only source for appointment/selection of Receiver and the Court could ... binding on the court which is in effect only executing the compromise decree. An executing court cannot go behind the decree hence the Court
execute the sale deed, the sale deed would be executed by the court but the fact remains that in spite of the compromise decree ... executed. Mere decree passed on the basis of compromise entitles the decree holders to get the decree executed but unless the execution fructifies into
decree and cannot mean a compromise to give effect to the terms of which a new decree at variance with the original decree would have ... compromise entered into in the execution department a decree is substituted for the original decree, and the so called substituted decree may be executed
suit was clearly maintainable since that part of the compromise was not executable as a decree passed in the earlier suit for declaration. Regarding findings ... merged in the decree, that the only thing existing was the decree containing the compromise agreement and that consequently the compromise agreement had ceased
