have contended that the decree sought to the
executed vide the impugned order is a fraudulent decree based upon a
compromise that was withdrawn ... Executing Court from executing the decree. Unless there is an
order passed by the superior court staying the operation of the decree,
the Executing Court
agreed
to be returned to the decree holders by
judgment debtor in terms of the
compromise decree, the decree holders
cannot insist for execution ... agitate that the said compromise decree
was obtained by practicing fraud upon her.
If the said compromise decree is obtained
by fraud, the remedy
Court be pleased to pass a
declaratory Decree setting aside the Compromise Decree
1
::: Uploaded on - 19/10/2023 ::: Downloaded on - 20/10/2023 ... reliefs, it appears that the plaintiff is
seeking setting aside of compromise decree executed between the
developer and the cooperative society. According to the petitioner
Court be pleased to pass a
declaratory Decree setting aside the Compromise Decree
1
::: Uploaded on - 19/10/2023 ::: Downloaded on - 20/10/2023 ... reliefs, it appears that the plaintiff is
seeking setting aside of compromise decree executed between the
developer and the cooperative society. According to the petitioner
compromise decree is drawn, it necessarily implies that
the sale deed which is sought to be cancelled stands
automatically cancelled pursuant to compromise decree
drawn ... into compromise.
Even if respondent/defendant is not co-operating, there
shall be no impediment for petitioner/plaintiff No.1 to
execute compromise decree
respondent/Decree Holder filed Execution Petition
No.4/2021 for executing compromise decree. On
appearance, the petitioner/Judgment Debtor filed
application under Section ... seeking dismissal of the
execution proceedings as no territorial jurisdiction to
execute the decree. Initially, the said application was
allowed, against which, respondent/Decree Holder
Court has
no jurisdiction to execute the compromise decree, since the
compromise decree drawn was a nullity in the eye of law. The
said application ... settlement, and
in terms of the settlement, compromise decree was drawn and
as per the said compromise decree, respondent was required to
vacate the schedule
compromise decree by clubbing, to logically
convince that the compromise decree got satisfied. According to the said terms
of compromise, the judgment debtor company ... executing court will
either refuse to execute the decree or will execute the decree. It has no other
power. If a decree holder wants
agreed to be returned to the decree
holders by judgment debtor in terms of the
compromise decree, the decree holders cannot
insist for execution ... agitate that the said
compromise decree was obtained by practicing
fraud upon her. If the said compromise decree is
obtained by fraud, the remedy
further agreed that in terms of this compromise,
the appellants agree to execute the said registered sale ... date of this
Compromise Petition, failing which the respondent No.1 is
art liberty to get this Compromise Decree executed
through the process of Court
