execution, the executing Court recorded the finding that the Respondent
paid the entire amount due under the decree in the executing Court,
although such ... made beyond the period of 6 months
stipulated in the compromise decree. The executing Court held that the
compromise decree was void in relation
court below for executing the compromise decree but executing court refused to execute the compromise decree which according to it was illegal and not enforceable ... property in dispute in pursuance of compromise decree and when the appellant demanded his share under the compromise decree, respondent nos.1 and 2 refused
executed by the respondents. Even when the parties
were before the Trial Court, a compromise was entered into
between the parties and a compromise petition ... specified, the appellants
would be at liberty to get the compromise decree executed
through Court for the entire balance consideration with interest
@24% per annum
executed by the respondents. Even when the parties
were before the Trial Court, a compromise was entered into
between the parties and a compromise petition ... specified, the appellants
would be at liberty to get the compromise decree executed
through Court for the entire balance consideration with interest
@24% per annum
According to the compromise decree dated 11th September, 1984, it was
stipulated that the decree will not be executed except on noncompliance ... According to the compromise decree dated 11th September, 1984, it is
stipulated that the decree will not be executable except on default
annum from the date of
default by executing this compromise decree.
17. In the event of default by Defendants ... shail be entitled to get the sale deed executed through
Court by executing this compromise decree.
18. Half the Court fee paid in the above
terms of the clause of
reconveyance, the decree and the sale deed executed thereafter in
execution decree was fully effected and the plaintiffs (respondent ... neither parties to the
proceedings nor consented when the compromise decree was
executed in Execution Appeal No. 2 of 1974 (Exhibit P8) dated
compromise decree against the demised
premises, and, it being also a colourable exercise, to delay, and,
prolong, the, completest execution, of, the compromise decree,
borne ... executing court, to go beyond, the,
mandate, of, the compromise decree nor the learned executing
court, was enjoined to strike, any issue
compromise decree by
the petitioners as if it is acting as a trial court. But the executing court must execute a decree
which ... conditions of the compromise decree.
8. Section 38 of the C.P.C. stipulates that a decree may be executed either by the
Court which
filed for recording the
compromise and the suit ended in passing of the compromise
decree on the basis of the compromise entered into between ... decree
immediately by taking the assistance of the Police in
.
executing the compromise decree.
3. The learned Single Judge, vide order dated 2 nd
December
