parties to the suit enters into a compromise in terms
whereof a decree may become executable on the basis of the
compromise. The second part ... compromise,
categorically held :
"Ld. Counsel for the plaintiff has stated that the
compromise has been effected between the
parties and compromise
compromise petition hence accordingly the decree be
awarded.
I accordingly, order that the decree be
drawn in accordance with EXC 1
compromise petition ... executing court, it is well known, cannot go behind the decree. It
has no jurisdiction to modify a decree. It must execute the decree
decree for Rs. 10,000 may be
passed against him and the court accordingly
passes the decree. The defendant does not
pay the decree ... compromise decree or
consent order amounts to contempt of court,
the provisions of the Code of Civil Procedure
relating to executing of decrees
payable at one time in
which event, the decree holder would be entitled to execute the decree for
realization of the entire remaining balance amount ... executing
Court to record and enforce such a compromise in
execution proceedings. Nor does Order 20, Rule 11(2)
affect this power of the executing
Tribe by getting deeds of transfer executed by them by adopting various fraudulent methods including obtaining compromise decree in civil suits.
12. The intention
known that an Executing Court cannot go behind the
decree. If on a fair interpretation of the judgment, Order and decree passed
by a court ... executing court, it is well known, cannot
go behind the decree. It has no jurisdiction to
modify a decree. It must execute the decree
record itself and for decree for mandatory injunction
directing the Defendant No. 1 to execute the Will and honour the compromise ... making of two decrees
a preliminary decree and a final decree - the decree which would be
executable would be the final decree. But the finality
admitted fact that the grandfather of the plaintiff Sheotahal Mistri executed a registered deed of Will dated 5-1-1938 in respect of two house ... compromise and a final decree in terms of the aforementioned compromise was passed on 16-2-1951. The said aforementioned will was executed by Sheolal
known that an Executing Court cannot go behind the
decree. If on a fair interpretation of the judgment, Order and decree passed
by a court ... executing court, it is well known, cannot
go behind the decree. It has no jurisdiction to
modify a decree. It must execute the decree
divided the properties into half and half. The said
compromise was recorded. A final decree was passed on the basis
thereof, directing ... Hindu Succession Act 1956 came
into force.
27. The said compromise decree was acted upon. A deed of partition
was entered into
