compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that ... compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that
compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that ... compromise decree. If the
petitioner therein has any grievances against the compromise
decree, remedy lies elsewhere and not by objecting in the
executing proceeding that
will refuse to execute the decree if the objection is upheld.
It will thus either execute the decree or
refuse to execute ... arisen whether a court executing a decree could execute the decree as modified by any agreement or compromise between the parties.
27. In Kristo Komul
execute the decree and without executing the decree, by filing Execution Petition, the defendants 3 and 4 executed the sale deed in favour ... sixth defendant, a compromise was entered into and a compromise decree was also passed. The terms of the compromise decree is as follows
perform his obligations under the compromise decree.
12. The rights and obligations of the parties in the compromise decree is reciprocal in nature. As pointed ... executing the compromise decree dated 30.04.2001 and while so, with a view to nullify the effects of the compromise decree, Respondents have filed the present
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
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
execution of a decree for eviction the compromise may extinguish the decree
and create a fresh lease or the compromise may provide a new mode ... mentioned in the
compromise agreement and that if the respondent violated the terms of the
compromise, the decree could be executed within the said span
execution of a decree for eviction the compromise may extinguish the decree
and create a fresh lease or the compromise may provide a new mode ... mentioned in the
compromise agreement and that if the respondent violated the terms of the
compromise, the decree could be executed within the said span
compromise decree
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NC: 2026:KHC:571
WP No. 35529 of 2025
HC-KAR
and as such, the compromise decree required to be executed ... effect to and implementing and
executing the compromise decree subsequent to the decree.
However, subsequent to the decree dated 18.11.2009 and sale
deed dated
