respondents. The said
suit culminated in a compromise decree dated 24/09/2010. As
per the compromise decree, it was agreed between the parties that ... Executing Court.
15. While considering the said application, which was
opposed on behalf of the respondents, the Executing Court
referred to the compromise decree
terms of compromise in such matters are to be interpreted to
examine as to whether the compromise decree can be executed or
it would amount ... decree because the executing
court is bound to execute the decree and cannot go
behind the same unless the decree passed
interpreting the terms of the compromise
and settlement between the parties. It was held that the
compromise decree was executable and that no error ... true scope of the aforesaid terms of compromise
executed between the parties, which led to the compromise
decree. The respondent No.1 consciously signed
directly execute and register a sale deed in favour of the respondent instead
of entering into a compromise for getting the compromise decree passed.
Therefore ... parties to execute and register a sale deed as per
the terms and conditions of the compromise. Still further, since the
compromise decree had created
purpose of execution of the aforesaid
compromise decree.
4. So as to make the decree executable, the report of the
District Superintendent of Land Records ... compromise decree, the Executing Court is required to
and rightly so while making the decree executable considered the
interest of both i.e. decree holder
matter was settled and compromise decree was passed on
04.06.1960. The appellants-plaintiffs claimed that in the
6
said compromise decree it was decided that ... compromise decree in O.S.No.4/1955, wherein
the father of the present appellants namely Siddanagouda
entered into compromise and executed a relinquishment
deed
entitled to claim possession on the basis of compromise decree.
The executing court has refuted the petitioners' objection and directed the
decree ... matter had arisen after the petitioners' objection to the
executability of the compromise decree was rejected by the executing court.
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Execution Case No.2/2019 had been filed for
executing the compromise decree passed in
O.S.No.47/2014. On the filing ... amount
received in the execution Court. Thereafter, the
executing Court to execute the compromise decree
reflected in the compromise petition and decree at
the rate
appearing for the petitioners submits that the
petitioners will not execute the compromise decree
dated 28.09.2012 passed in O.S.No.4023/2009, till ... disposed of.
However, liberty is reserved to the petitioners to
execute the compromise decree subject to the
outcome of I.A.No.8 filed
basis of the
compromise petition, a compromise decree was also drawn
up. Under the compromise decree, the defendant agreed
to execute the sale deed ... counsel and had secured a
compromise decree. In the light of this categorical
admission of Shantabai, the compromise decree executed
by her daughter Arundhati
