compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that ... compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that
compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that ... compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that
which was subject matter of the compromise decree was being enjoyed in terms of the said compromise decree and there was no obstruction whatsoever ... allotment in the said decree. The pleadings further disclose that the compromise decree was fully executed and subsequent thereto there was fresh cause of action
provided by the compromise decree had already expired. Hence the plaintiff filed a Darkhast for the execution of the compromise decree for the recovery ... disregard the provisions of the Rent Act and to execute the compromise decree by ignoring the specific inhibitions contained in the Act.
7.This brings
compromise decree was obtained by the plaintiffs from the Court.
7. The compromise decree is at Ex. 10 in the present suit ... memorandum by executing the decree. Moreover, the plain reading of the said decree militates against such contention. The decree says that the rights
period, prescribed under the compromise decree and that the clause of compromise decree which provided for execution of the decree to recover the said amount ... submission, compromise decree stood superseded with the execution of fresh lease deed. The compromise decree thus no longer exists. The executing Court found that
decree in terms of such compromise was prayed. The learned Judge recorded the compromise and directed a decree to be drawn accordingly. A decree accordingly ... consent decree and that the executing Court cannot refuse to execute it merely by looking at the form of the decree. If the decree itself
effect the rights of decree-holder to execute the decree. Consequently, the Executing Court has ordered the execution of the decree and as stated earlier ... adjustment not having been recorded, the decree stands and the Executing Court must execute the decree ignoring the compromise of the settlement.
13. Mr. Jethlia
respondents. The said
suit culminated in a compromise decree dated 24/09/2010. As
per the compromise decree, it was agreed between the parties that ... Executing Court.
15. While considering the said application, which was
opposed on behalf of the respondents, the Executing Court
referred to the compromise decree
time of
compromise and unless it is mentioned in the compromise, the
decree based on such compromise will not be executable.
Landlord and tenant ... compromise, then only that compromise
becomes executable.
On this background, the present compromise is to be
looked into. In the compromise purshis, the status
