Having suffered a
compromise decree, the claim now raised by the petitioner
before the execution court that the decree cannot be executed
is barred ... challenging the executability of
the decree. The executing court found the decree to be
executable. That was challenged
terms of the compromise. Simply because a decree is a compromise decree, it cannot be said that the decree is not executable. It cannot also ... direction in the compromise decree, to execute and realise the right conferred by the decree, the decree cannot be executed."
12. The emerging position
clause-2 of the compromise decree is executable
and other clauses are not executable without settling accounts between parties.
Executing court passed ... compromise decree. As
per that clause petitioner is liable to pay commission to the respondent within
one month from the date of compromise decree
amount and a decree passed thereunder will not enable the decree-holder to execute the decree unless the decree-holder proves actual damage ... decree or otherwise. Unless a right to execute a decree is restricted either expressly or by necessary implication, the executable character of a decree
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
entered into a
settlement as per which a compromise decree was passed.
Pursuant to the compromise decree, respondent filed ... compromise petition and the
compromise decree state boundaries of the temple property.
Even in the absence of specific provision in the decree for
fixation
compromise
decree that was already passed beyond which it could not go. The fact
that the decree sought to be executed was a compromise decree ... executability of a compromise decree under Order XXI of
the CPC cannot be disputed at all as the compromise decree was the
result
CHENGANNOOR
DATED 6.12.2023
ANNEXURE A4 THE TRUE COPY OF THE COMPROMISE
DECREE PASSED BY FAMILY COURT KOLLAM
IN OP(G&W) NO.149/2017 ... 2019
BEFORE FAMILY COURT, KOLLAM
ANNEXURE A6 THE TRUE COPY OF COMPROMISE DECREE
EXECUTED BETWEEN THE PETITIONER AND
THE 2ND RESPONDENT
annum from the date of
default by executing this compromise decree.
17. In the event of default by Defendants ... shail be entitled to get the sale deed executed through
Court by executing this compromise decree.
18. Half the Court fee paid in the above
SCHOOL
AUTHORITIES ABOUT THE COMPROMISE
DECREE PASSED IN THE ABOVE CASE AND TO
ALLOW THE RESPONDENT TO COMPLY THE
DECREE PASSED ... ADMITTING THE COMPROMISE DECREE FOR
EXECUTING THE SAME COMPROMISE DECREE
DATED 14.09.2021
Exhibit P9 TRUE COPY OF THE CERTIFICATE OF ASIA
BOOK OF RECORDS DATED
