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
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 submission, compromise decree stood superseded with the execution of fresh lease deed.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
Petition No.53 of 1995, filed by
the petitioner to execute the compromise decree dated
17.02.1992 passed in Special Civil Suit ... compromise
decree and paid Rs.4,50,000/- in compliance with the
compromise/settlement dated 17.02.1992.
Analysis:
6. The Court below recorded compromise decree executed
decree holder in
furtherance of the terms of the said compromise decree. Thus, according to the decree-holder, the
said compromise decree at best ... compromise decree, it cannot be
12
held that registration of the said compromise decree is compulsorily required for
validating the said compromise decree.
That apart
Executing Court vide which it was held that the execution application filed by the respondent for executing the compromise decree in his favour ... validity of such decree cannot be questioned in the execution proceedings and such compromise decree can be duly executed by the Executing Court
individual
capacity is not binding on the trust and compromise decree is not executable;
e) the said EMG Soundararajan died intestate and respondents ... decree. In view of this provision the
compromise recorded by this Court on 23.04.1990 is a decree and can be
executed
this
compromise petition part of the decree and accordingly directed
for preparation of the decree in terms of the compromise
petition. Accordingly, decree in appeal ... decree because the executing court is bound to execute the
decree and cannot go behind the same unless the decree
passed
adverse possession.
Both the parties ultimately settled the dispute amicably by
executing a compromise petition/Solenama. According to the
terms & conditions of solenama ... possession and since the
possession has not been recovered having the compromise decree
executed, now the decree itself has lapsed and (ii) the solenama having
interpreting the terms of the compromise
and settlement between the parties. It was held that the
compromise decree was executable and that no error ... true scope of the aforesaid terms of compromise
executed between the parties, which led to the compromise
decree. The respondent No.1 consciously signed
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
