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
decree holder. The decree holder could not, therefore, seek
execution of the compromise decree and require the judgment debtor to
execute the sale deed ... decree-holder, in
terms of the compromise decree. The judgement debtor shall, within two
weeks of the decree holder calling upon him to execute
compromise decree;
(c) that thus the JD stands excused and discharged from performing
his obligations under the compromise decree and the compromise
decree now stands ... cheque prepared before
10th September, 2009, is not entitled to execute the compromise decree.
8. It is also argued that though the Power of Attorney
terms of compromise decree
are baseless. The judgment debtor has superimposed the
terms which are not found in the compromise
petition/compromise decree. Therefore ... terms
of compromise decree.
21
23. The judgment debtor no.1 has contended that
compromise decree is not executable for want of registration.
In order
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
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
have not complied with their part of the
obligation in the compromise decree. Executing court
accepted that contention and dismissed ... executed. There is no dispute for either of the parties regarding
that. In that situation, appropriate course is to execute the
compromise decree
sale was confirmed on
4.6.1971 and on the day the compromise decree was
executed on 13.9.1971 that was not a property which was
available ... executing
the decree in O.S. No. 480/64 in Ex.No. 254/66. Similarly,
restraining the defendant No. 21 from executing the decree
decree-holder, in terms of the
compromise decree. The judgement debtor shall, within
two weeks of the decree holder calling upon him to
execute ... case
dealing with the compromise decree. Antonysami (supra) was a case
where the decree holder had obtained a decree for specific
EFA (OS) 15/2013
which requires registration. The compromise
decree/order of compromise in HRC.No.109/1989
nowhere mandates that the parties should execute a
deed for creation ... compromise
decree. The terms of the compromise did
not provide for the execution of any deed
of transfer. We were taken through the
compromise decree
