would further submit that the Executing
Court cannot go behind the decree but it needs to execute the
decree as it stands. This ... execute the order derived through compromise as
it stands but by the impugned order, the Executing Court has
downcasted the compromise decree. Consequently, the right
execute the decree. It can never be questioned that Court of Civil Judge, Senior Division, Bhavnagar had duty to execute the decree. Thus ... decree or by recording compromise original decree dated 19th November 1962 was sought to be amended. Decree dated 19th November 1962 was being executed. Execution
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
agreement
to sale dated 03.08.2007 executed by defendant no.1 to 7 in
favour of defendant no.8, compromise decree passed in
Special Civil Suit ... sale deed dated 13.03.2009 executed by Court Commissioner
in favour of defendant no.8 in the process of executing
compromise decree in execution proceedings
agreement
to sale dated 03.08.2007 executed by defendant no.1 to 7 in
favour of defendant no.8, compromise decree passed in
Special Civil Suit ... sale deed dated 13.03.2009 executed by Court Commissioner
in favour of defendant no.8 in the process of executing
compromise decree in execution proceedings
decree was
passed, relating to the execution, discharge or
satisfaction of the decree, have to be determined by
the Court executing the decree ... decree-holder shall certify
such payment or adjustment to the Executing Court. It
then becomes the duty of the Executing Court to
execute the decree
suggest that the
decree was not executable. Learned executing court
could not point out anything on this score except
irrelevant aspects. Decree was passed ... Court
based on the compromise of the parties.
5.2 The executing court has to execute the
decree at its best and to whatever extent possible
could be obtained by the Corporation even by executing this decree. Thus, as a whole, the compromise substitutes for the original decree of possession ... jurisdiction to incorporate any part of the compromise into the decree, the decree would be ultra vires and therefore void and a nullity
decree
holder is a tenant of the decree debtor and the land on which the
decree holder is possessing is to be used by decree ... decree debtor to the execution proceeding is that
the said judgment and decree passed under the compromise is not
executable decree as the same
consent decree
the Execution petition was filed. As per the settled law, the
Executing Court has merely to execute the decree ... into a compromise pursis on the basis of which the
decree was drawn and the compromise decree was taken to the executing
court
